AAWSAP Solicitation and Original Order, September 2008

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positi on for which t he empl oyee or appl icant for employment is qual ifi ed . The Contr actor
shall t ake
affirmative action to employ, advance in
employment , and otherwise treat qualified special disabled
vetera ns , veterans of the Viet nam era, a nd othe r e l igi ble veterans without di scr imi nati on based upon
their disability or veterans '' status in all employment
practices such as-­
(i ) Recruit ment , adverti s i ng, a nd j ob appl ication
procedures ;
(ii) Hiring, upgrading, promotion, award of tenure,
demotion , transfer, l ayoff, termination,
right of
r et urn from l a yof f and rehiri ng;
(3 ) Whenever the Contractor becomes contractually bound to the listing terms of this c l ause, it
s hall advi se the
State public empl oyment agency in each St ate where i t has establi shment s of the
name and location of each hiring location in the State . As long as the Contractor is contractually
bound to these terms and has so advised t he State agency, it need not advise the State agency of
s ubsequent contracts . The Contractor may advise t he State agency when i t is no longer bound by this
contract clause .
(viii ) Activities sponsored by t he Contractor incl ud i ng
social or recreational programs; and
(ix) Any other term, condition, or privilege of employment .
(2 ) The Contractor shall comply with t he rules, regulations , and relevant orders of the Secretary
of Labor issued under the Vietnam Era Veterans '' Readjustment Assi stance Act of 1972 (the Act) , as
amended (38 U. S.C. 4211 and
4212 ) .
(c) "Listi ng openi ngs ."
(1 ) The Contractor shall immediately list all employment
openings that exist at the time of
the e xecuti on of t his contract a nd t hose which occur dur i ng the performance of t his contract ,
including those not generated by this contract , and including those occurring at an establishment
of t he Cont ractor ot her than t he one where t he cont r act i s bei ng perfor med, but excludi ng those of
independently operated corporate affiliates, at an appropriate local public employment service
offi ce of the State wherein the opening occurs . List i ng employment
openings wi t h the U. S. Department
of Labor ' ' s America ' ' s
Job Bank shall satisfy the requirement to list jobs with the local employment
service offi ce .
(2 ) The Contractor shall make the listing of employment
openings with the local employment
service office at least concurrently with using any other recruitment source or effort and shall
i nvolve t he normal obli gations of placi ng a bona f i de job order, i ncluding accepting
referral s
of veterans and nonveterans . This listing of employment openings does not require hiring any
particular j ob appl icant or hiring from any particular group of job
applicants and is not intended
to relieve the Contractor
from any requirements of Executive orders or regulations
concerning
nondiscrimination in employment .
(d) "Applicability.'' This clause does not apply to the listing of employment openings that occur
and are filled outside the 50
States, the District of Columbia , t he Commonwealth of Puerto
Rico,
the Commonwealth of the Northern Mariana Islands, Ameri can
Samoa, Guam, the Vi rgin Isl ands of the
United States, and Wake
Island .
(e ) "Posti ngs ."
(i ) State the rights of applicants and employees as well as the Contractor ' ' s obligation under
the law t o take affirmative act ion t o empl oy and advance i n employment
qua l i f i ed empl oyees and
applicants who are special disabled veterans, veterans of the Vietnam era, and other eligible
vet era ns; and
(ii) Be in a form prescribed by the Deputy Assistant Secretary for federal Contract Compl iance
Progr ams , Department of Labor (Deput y Assistant Secretar y of
Labor) , and pr ovi ded by or t hrough t he
Contracting Officer .
(g) "Subcontracts ." The Contractor s hall i nsert t he ter ms of thi s c l ause in all subcontracts
or purchase orders of $100 , 000
or more unless exempted by rules, regul ations, or orders of the
Secretary of Labor . The Contractor shall act as specified by the
Deputy Assistant Secretary of Labor
t o enf orce the terms ,
incl uding action for noncompliance .
(1 ) The Contractor shall post employment notices in
conspicuous places that are available to
employees and applicants for employment .
(2 ) The employment notices shall-­
(3 ) The Contractor shal l ensure t hat 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 veteran, or may lower t he posted notice so t hat it can be read by a
person in a
wheelchair) .
(4 ) The Contractor shall notify each labor union or representative of workers with which it
has a coll ective bar gai ning agr eement , or ot her contract understanding,
t hat the Contractor i s
bound by t he terms of the Act and is committed to take affirmative action to employ, and advance in
employment , qualif i ed spec i al d i sabl ed
vet erans, veterans of the Vietnam era , a nd other
eligi ble
veterans .
(f) "Noncompl i a nce . " I f t he Cont ract or does not compl y with the r e qui rement s of this clause , t he
Government may take appropriate actions under the rules, regul ations, and relevant orders of the
Secr etar y of Labor issue d pur suant t o the Act .
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