AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 48 of 59
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(b) The Contractor s hall report the above items by completing the Form VETS-100, entitled "Federal Contractor Veterans '' Empl oyment Report (VETS- 100 Report ) ". (c) The Contractor shall submi t VETS-100 Reports no later t han September 30 of each year begi nning September 30, 1988 . (2) As of December 31 , i f the Contractor has pri or written approval from the Equal Empl oyment Opportunity Commission to do so for purposes of s ubmitting the Empl oyer I nformation Report EE0- 1 (St a ndard Form 100) . (e ) The Contractor s hall base the count of veterans reported according to paragraph (a ) of this c l ause on vol untary disclosure . Each Contractor s ubject to the reporting requirements at 38 U. S.C . 4212 shall i nvite all special disabled veterans, veterans of the Vietnam era, and other eligibl e veterans who wish to benefit under the affirmative action program at 38 U. S. C. 4212 to identify themselves to the Contractor . The i nvitation shal l state t hat- (1 ) The information is voluntarily provided; (2 ) The i nformation wi ll be kept confidential ; (3 ) Disclosure or refusal to provide the information will not subject the appli cant or empl oyee to any adverse treatment ; and (4 ) The information wi ll be used only i n accordance with the regul ations promulgated under 38 u. s.c . 4212. (f ) The Cont ract or s hall i nsert t he terms of this clause i n al l subcontracts or purchase orders of $100, 000 or more unless exempted by rules , regulations , or orders of the Secretary of Labor . (End of Clause) (1 ) As of the end of any pay period between July 1 and August 31 of t he year t he report is due; or (d) The employment activity report required by paragraph (a ) (2) of this clause s hall refl ect total hires during the most recent 12-month peri od as of the ending date selected for t he employment profile report required by paragraph (a ) (1) of this cl ause . Contractors may select an endi ng date- I . 52 52 . 223- 6 DRUG- FREE WORKPLACE (MAY 2001) (a) "Definitions . " As used i n t his clause- "Controll ed substance" means a control led substance in schedules I through v of secti on 202 of t he Control led Substances Act (21 U.S. C. 812 ) and as f urther define d i n regulat ion at 21 CFR 1308 . 11 1308 . 15 . "Conviction" means a finding of guilt (i ncludi ng a plea of nolo contendere) or i mposition of sente nce, or both, by any judicial body char ged with the responsibility to determine violations of the Federal or State criminal drug statutes . (1 ) Publ ish a statement notifying its employees that the unlawful manufacture, di stribution, dispensing, possession, or use of a controlled s ubstance is prohibited in the Contractor ' ' s workplace and specifying the actions that wi ll be taken against employees for violations of such prohibition; "Criminal drug statute" means a Federal or non- Federal criminal statute involving t he manufacture, distributi on, di spensing, possessi on, or use of any controlled s ubstance . "Drug- free workpl ace" means t he site (s ) for t he performance of work done by the Contractor in connecti on with a speci fic contract where empl oyees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a control led substance . "Empl oyee" means an employee of a Contractor directly engaged i n the performance of work under a Government contract . "Directly engaged" is defined to incl ude all di rect cost employees and any other Contractor employee who has other than a minimal i mpact or involvement i n contract per formance . "Individual" means an offeror/contractor that has no more than one employee i ncluding t he offeror/ contractor . (b) The Contractor, if other than an i ndivi dual, shall- within 30 days after award (unless a longer period is agreed to i n wr iti ng for contract s of 30 days or more performance duration ) , or as soon as possibl e for contracts of l ess than 30 days performance duration- (2 ) Establish an ongoing drug-free awareness program to inform such employees about- (5) Notify the Contracting Officer i n wri ting within 10 days after receivi ng notice under s ubdivi sion (b ) (4) (ii ) of this clause, from an employee or otherwise recei ving actual notice of such convict ion. The notice s hall i nc l ude the position title of t he employee; (i) The dangers of dr ug abuse in the workplace; (ii) The Contractor ' ' s pol icy of maintaining a drug- free workplace; (iii ) Any avail able drug counseling, rehabilitation, and empl oyee assistance programs ; and (iv) The penalties t hat may be i mposed upon employees for drug abuse viol ations occurring i n the workplace; PAGE 48 OF 59 HHM402-08-C-0072