AAWSAP Solicitation and Original Order, September 2008

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I . 49
52 . 222-35
EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VI ETNAM ERA, AND
OTHER ELIGIBLE VETERANS. [SEP 2006 ]
(a) "Definitions . " As used in this clause-­
"All empl oyment openings " means a l l positi ons except executive
and top management , t hose pos i t ions
t hat will be filled from
within t he Contractor ' ' s organization , and positions lasting 3
days or
less . This term i ncludes full- time empl oyment , t emporar y employment of more t han 3 days dur at i on, and
part-ti me employment .
"Executi ve and t op management " means any empl oyee-­
(1 ) Whose primary duty consists of the management of t he
enterprise i n which the individual is
employed or of a
customarily recognized department or subdivision thereof;
(2 ) Who customarily and r egularl y di rects t he work of t wo or more other employees;
(3 ) Who has the authority to hire or fire other employees or whose suggestions and
recommendations as t o 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;
(4 ) Who customarily and regularly exercises discretionary
powers; and
(5 ) Who does not devote more than 20 percent or, in the case of an empl oyee of a retail or
service establishment, who
does not devote more t han 40 percent of total hours of
work i n the
work week to activi ties t hat are not di rectly and closely related to the performance of t he work
described in paragraphs (1) t hrough (4) of this definition. This paragraph (5) does not apply in
the case of an empl oyee who is i n sole char ge of an establishment
or a physically separated branch
establishment, or who
owns at least a 20 percent interest in the enterprise in which the individual
i s employed .
"Other eligibl e veteran" means any other veteran who served on
active duty during a war or in a
campaign or expedition for whi ch
a campaign badge has been authori zed .
"Positions t hat will be filled from within the Contractor ' ' s
organization" means empl oyment
openings f or which t he Cont ractor
wi ll give no considerat i on to per sons outs i de t he Cont ractor ' ' s
organizati on (incl uding any affiliates, subsidiari es, and parent
companies) and i ncl udes any
openings t he Contractor proposes to
f i ll from regularly est abl ished "recall" lists . The exception
does not appl y t o a parti cular opening once an employer decides to consider appli cants outside of
its organization .
"Qualified special disabl ed ve t eran" means a speci al disabled
veteran who satisfies the requi site
skill, experience, education,
and other job-related requirements of the employment position
such
veteran hol ds or desires, and who, with or without reasonable accommodation, can perform the
essential functions of such position .
"Special disabled veteran" means-­
(2) A person who was discharged or released from active duty because of a service-connected
disability .
"Vet eran of the Vi etnam era" means a person who- ­
(i ) In t he Republic of Vietnam between February 28 , 1961,
and May 7, 1975; or
(1 ) A veteran who i s entitled to compensation (or who but f or t he receipt of mil itar y ret ired pay
would be entitled to compensation ) under laws administered by the Department of Veterans Affairs
for a disabil i ty-­
(i ) Rated at 30 percent or more; or
(ii) Rated at 10 or 20 percent i n t he case of a veteran who ha s been det e r mine d under 38 U.S.C .
3106 to have a
serious employment handicap (i . e . , a significant
i mpairment of t he veteran ' ' s
abi lity to prepare for ,
obtain, or reta i n empl oyment consi stent with the veter an ' ' s abilities ,
aptitudes, and interests); or
(1 ) Served on active duty for a period of more than 180 days and was discharged or released from
active duty with other than a dishonorabl e discharge, if any part of such acti ve duty occurred-­
(ii) Between August 5, 1964, and May 7, 1975, in all other cases; or
(2 ) Was discharge d or released from active duty for a
service- connected disabil ity if any part of
the active duty was performed-­
(i ) I n the Republic of Vietnam between February 28 , 1961, a nd May 7, 1975 ; or
(ii ) Between August 5, 1964, and May 7, 1975, in all other cases .
(b) "General . "
(iii ) Rate of pay or any other form of compensati on and
changes i n compensati on;
(iv) Job assignments, job classifications , organizational structures , position descriptions,
l ines of progressi on, a nd seniority lis t s ;
(v) Leaves of absence, sick leave, or any other leave ;
(vi) Fri nge be nefits available by virtue of employment , whether or not administered by the
Contractor;
(vii ) Selection and f i nanc ial s uppor t for tra i ning,
i ncluding apprenticeship, and on-the-job
training under 38 U. S. C. 3687 , professional meetings,
conferences , and other related activities,
and
selection for l eaves of absence to pursue tra i ning;
(1 ) The Contractor shall not discriminate against the
individual because the indivi dual is a
special disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any
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