NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22 and 52

[FAC 97-01; FAR Case 94-610; Item XII]

RIN 9000-AH62

Federal Acquisition Regulation; Executive Order 12933,

Nondisplacement of Qualified Workers Under Certain Contracts

AGENCIES: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed on an interim rule amending

the Federal Acquisition Regulation (FAR) to implement Executive Order

12933, Nondisplacement of Qualified Workers Under Certain Contracts,

signed by the President on October 20, 1994 (59 FR 53559, October 24,

1994). The Executive Order requires that workers on certain building

service contracts be given the right of first refusal for employment

with the successor contractor, if the workers would otherwise lose

their jobs as a result of the award of the successor contract. This

regulatory action was not subject to Office of Management and Budget

review under Executive Order 12866, dated September 30, 1993, and is

not a major rule under 5 U.S.C. 804.

DATES: Effective Date: August 22, 1997.

Applicability: With respect to solicitations and contracts for

building service contracts covered by this regulation, the following

applies:

(1) For solicitations issued and contracts awarded on or after the

effective date of this rule, include the clause at 52.222-50,

Nondisplacement of Qualified Workers, except as provided in paragraph

(2)(a) below.

(2) Include the clause at 52.222-50, Nondisplacement of Qualified

Workers, where practicable by--

(a) Amending solicitations issued, but not awarded, prior to the

effective date of the rule; or

(b) Modifying contracts awarded prior to the effective date of this

rule.

Comment Date: Comments should be submitted to the FAR Secretariat

at the address shown below on or before October 21, 1997 to be

considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to:

General Services Administration, FAR Secretariat (MVR), 1800 F Street,

NW, Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 20405.

E-Mail comments submitted over the Internet should be addressed to:

[email protected].

Please cite FAC 97-01, FAR case 94-610 in all correspondence

related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405 (202) 501-4755 for information

pertaining to status or publication schedules. For clarification of

content, contact Mr. Jack O'Neill, Procurement Analyst, at (202) 501-

3856. Please cite FAC 97-01, FAR case 94-610.

SUPPLEMENTARY INFORMATION:

A. Background

Executive Order 12933 was signed October 20, 1994, by President

Clinton and published in the Federal Register on October 24, 1994 (59

FR 53559). The purpose and need for the Executive Order are clearly

stated in the Executive Order itself:

When a service contract for the maintenance of a public building

expires and a follow-on contract is awarded for the same service,

the successor contractor typically hires the majority of the

predecessor's employees. On occasion, however, a follow-on

contractor will hire a new work force, and the predecessor's

employees are displaced.

As a buyer and participant in the marketplace, the Government is

concerned about hardships to individuals that may result from the

operation of our procurement system. Furthermore, the Government's

procurement interests in economy and efficiency benefit from the

fact that a carryover work force will minimize disruption to the

delivery of services during any period of transition and provide the

Government the benefits of an experienced and trained work force

rather than one that may not be familiar with the Government

facility.

In order to address these concerns, Section 1 of the Executive

Order makes the following statement of policy:

It is the policy of the Federal Government that solicitations

and building service contracts for public buildings shall include a

clause that requires the contractor under a contract that succeeds a

contract for performance of similar services at the same public

building to offer those employees (other than managerial or

supervisory employees) under the predecessor contract whose

employment will be terminated as a result of the award of the

successor contract, a right of first refusal to employment under the

contract in positions for which they are qualified. There shall be

no employment openings under the contract until such right

[[Page 44824]]

of first refusal has been provided. Nothing in this order shall be

construed to permit a contractor to fail to comply with any

provision of any other Executive order or laws of the United States.

The Executive Order requires implementing regulations to be issued

by the Secretary of Labor in consultation with the Federal Acquisition

Regulatory Council, and that Department of Labor (DoL) regulations and

the Federal Acquisition Regulation require inclusion of a contract

clause in covered Federal solicitations and contracts. The Executive

Order provides that it does not confer any right or benefit enforceable

against the United States, but that it is not intended to preclude

judicial review of final decisions by the Secretary of Labor in

accordance with the Administrative Procedure Act (5 U.S.C. 701, et

seq.).

To obtain public input and assist in the development of these

regulations, the DoL invited comment through a notice of proposed

rulemaking in the Federal Register on July 18, 1995 (60 FR 36756). The

final DoL rule was published in the Federal Register on May 22, 1997

(62 FR 28175). This FAR interim rule implements the DoL rule.

Regarding certification requirements of this interim rule, the

certification requirement in paragraph (e) of the clause at 52.222-50

is considered identical to the certification requirement in paragraph

(n) of the clause at 52.222-41. Therefore, for the purposes of Section

29 of the Office of Federal Procurement Policy Act (41 U.S.C. 425),

this rule does not impose a new certification requirement.

B. Regulatory Flexibility Act

The General Services Administration, Department of Defense, and

National Aeronautics and Space Administration certify that this interim

rule will not have a significant economic impact on a substantial

number of small entities because the Executive Order mandates a

practice that is already followed in most cases. This rule implements

the requirements of the Executive Order, as implemented by the DoL in

its final rule of May 22, 1997 (62 FR 28175). The DoL certified that

its final rule will not have a significant economic impact on a

substantial number of small entities. In those cases where the practice

was not followed before the Executive Order, the impact would be a

result of the Executive Order and the DoL regulation; it would not be a

result of the FAR implementation.

C. Paperwork Reduction Act

This interim rule will not impose any additional paperwork burdens

beyond the information collection and recordkeeping requirements

required under sections 9.6(c), 9.9(b) and 9.11 of the Department of

Labor Regulations, 29 CFR Part 9, and approved under DoL Office of

Management and Budget Control No. 1215-0190.

D. Determination To Issue an Interim Rule

A determination has been made under the authority of the Secretary

of Defense (DoD), the Administrator of General Services (GSA), and the

Administrator of the National Aeronautics and Space Administration

(NASA) that urgent and compelling reasons exist to promulgate this

interim rule without prior opportunity for public comment. This action

is necessary to implement Executive Order 12933 of October 20, 1994,

Nondisplacement of Qualified Workers Under Certain Contracts, and the

corresponding Department of Labor regulations that became effective on

July 21, 1997. However, pursuant to Public Law 98-577 and FAR 1.501,

public comments received in response to this interim rule will be

considered in formulating the final rule.

List of Subjects in 48 CFR Parts 22 and 52

Government procurement.

Dated: August 7, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 22 and 52 are amended as set forth below:

1. The authority citation for 48 CFR Parts 22 and 52 continues to

read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

2. Subpart 22.12, consisting of sections 22.1200 through 22.1208,

is added to read as follows:

Subpart 22.12--Nondisplacement of Qualified Workers Under Certain

Contracts

Sec.

22.1200 Scope of subpart.

22.1201 Statement of policy.

22.1202 Definitions.

22.1203 Applicability.

22.1203-1 General.

22.1203-2 Exclusions.

22.1204 Seniority lists.

22.1205 Notice to employees.

22.1206 Complaint procedures.

22.1207 Withholding of contract payments.

22.1208 Contract clause.

Subpart 22.12--Nondisplacement of Qualified Workers Under Certain

Contracts

22.1200 Scope of subpart.

This subpart prescribes policies and procedures for implementing

Executive Order 12933 of October 20, 1994, Nondisplacement of Qualified

Workers Under Certain Contracts, and Department of Labor regulations at

29 CFR part 9.

22.1201 Statement of policy.

It is the policy of the Federal Government that contracts for

building services at public buildings shall require the contractor

under a successor contract for performance of similar services at the

same public building, to offer those employees (other than managerial

or supervisory employees) under the predecessor contract, whose

employment will be terminated as a result of the award of the successor

contract, a right of first refusal to employment under the contract in

positions for which they are qualified. Executive Order 12933 states

that there shall be no employment openings under the contract until

such right of first refusal has been provided.

22.1202 Definitions.

Building service contract, as used in this subpart, means a

contract for recurring services related to the maintenance of a public

building. Recurring services are services that are required to be

performed regularly or periodically throughout the course of a

contract, and throughout the course of the succeeding or follow-on

contract(s), at one or more of the same public buildings. Executive

Order 12933 lists examples of building service contracts as including,

but not limited to, contracts for the recurring provision of custodial

or janitorial services; window washing; laundry; food services; guard

or other protective services; landscaping and groundskeeping services;

and inspection, maintenance, and repair of fixed equipment such as

elevators, air conditioning, and heating systems. Building service

contracts do not include--

(1) Contracts that provide maintenance services only on a non-

recurring or irregular basis. For example, a contract to provide

servicing of fixed equipment once a year, or to mulch a garden on a

one-time or annual basis, is a non-recurring maintenance contract that

is not covered by this subpart;

(2) Contracts for day-care services in a Federal office building;

or

(3) Concessions for sales of goods or services other than food

services or laundry services.

[[Page 44825]]

Public building, as used in this subpart, means any building owned

by the United States that is generally suitable for office or storage

space or both for the use of one or more Federal agencies or mixed

ownership corporations, its grounds, approaches, and appurtenances.

(1) Public buildings do not include any building on the public

domain. The public domain includes only (i) those public lands owned by

the United States and administered by the Department of the Interior,

Bureau of Land Management, and (ii) the National Forest System

administered by the Department of Agriculture, U.S. Forest Service. The

public domain does not include Federal buildings, such as office

buildings in cities or towns, that are occupied by the Bureau of Land

Management or U.S. Forest Service where such buildings are not on lands

administered by those agencies.

(2) Buildings on the following are not public buildings:

(i) Properties of the United States in foreign countries;

(ii) Native American and Native Eskimo properties held in trust by

the United States;

(iii) Lands used in connection with Federal programs for

agricultural, recreational, and conservation purposes, including

research in connection therewith;

(iv) Lands used in connection with river, harbor, flood control,

reclamation, or power projects; or for chemical manufacturing or

development projects; or for nuclear production, research, or

development projects;

(v) Land used in connection with housing and residential projects;

(vi) Properties of the United States Postal Service;

(vii) Military installations (including any fort, camp, post, naval

training station, airfield, proving ground, military supply depot,

military school, or any similar facility of the Department of Defense,

but not including the Pentagon);

(viii) Installations of the National Aeronautics and Space

Administration, except regular office buildings; and

(ix) Department of Veterans Affairs installations used for hospital

or domiciliary purposes.

(3) Buildings leased to the Government are not public buildings

unless the building is leased pursuant to a lease-purchase contract.

Service employee, as used in this subpart, means any person engaged

in the performance of recurring building services other than a person

in a bona fide executive, administrative, or professional capacity, as

those terms are defined in 29 CFR part 541, and shall include all such

persons regardless of any contractual relationship that may be alleged

to exist between a contractor and such person.

22.1203 Applicability.

22.1203-1 General.

(a) This subpart applies to building service contracts where the

contract is entered into by the Government in an amount equal to or

greater than the simplified acquisition threshold and the contract

succeeds a contract for similar work at one or more of the same public

buildings.

(b)(1) Except as provided in paragraph (b)(2) of this subsection, a

contract that includes a requirement for recurring building services is

subject to this subpart even if the contract also contains other non-

covered services or non-service requirements, such as construction or

supplies, and even if the contract is not subject to the McNamara-

O'Hara Service Contract Act, 41 U.S.C. 351, et seq. However, the

requirements of this subpart apply only to the building services

portion of the contract, and only to those public buildings for which

services were provided under a predecessor contract.

(2) This subpart does not apply to building services that are only

incidental to a contract for another purpose, such as incidental

maintenance under a contract to operate a day-care center. Building

service requirements will not be considered incidental, and, therefore,

will be subject to this subpart where (i) the contract contains

specific requirements for a substantial amount of building services or

it is ascertainable that a substantial amount of building services will

be necessary to the performance of the contract (the word

``substantial'' relates to the type and quantity of building services

to be performed and not merely to the total value of such work, whether

in absolute dollars or cost percentages as compared to the total value

of the contract); and (ii) the building services work is physically or

functionally separate, and as a practical matter is capable of being

performed on a segregated basis, from the other work called for by the

contract. Building services performed on a building being leased to the

Government pursuant to a lease-purchase contract are not covered unless

the services are being performed under a contract directly with the

Government.

22.1203-2 Exclusions.

(a) This subpart does not apply to--

(1) Contracts under the simplified acquisition threshold;

(2) Contracts for commodities or services produced or provided by

the blind or severely handicapped, awarded pursuant to the Javits-

Wagner-O'Day Act, 41 U.S.C. 46-48a, and any future enacted law creating

an employment preference for some group of workers under building

service contracts;

(3) Guard, elevator operator, messenger, or custodial services

provided to the Government under contracts with sheltered workshops

employing the severely handicapped as outlined in the Edgar Amendment,

section 505 of the Treasury, Postal Services and General Government

Appropriations Act, 1995, Public Law 103-329; or

(4) Agreements for vending facilities operated by the blind,

entered into under the preference provisions of the Randolph-Sheppard

Act, 20 U.S.C. 107.

(b) A successor contractor is not required to offer a right of

first refusal for employment when a majority of its employees, who will

perform the particular service under the contract, will work both at

the public building and at other locations under contracts not subject

to Executive Order 12933. Examples include, but are not limited to,

pest control or trash removal services where the employees periodically

visit various Government and non-Government sites, and make service

calls to repair equipment at various Government and non-Government

buildings. This exclusion does not apply (i) where the service

employees' work on non-covered contracts is not performed as a part of

the same job as their work on the Federal contract in question, or

where they separately apply for work on the non-Federal contracts; or

(ii) where the employees are deployed in a manner that is designed to

avoid the purposes of Executive Order 12933. In making this

determination, all the facts and circumstances are examined, including

particularly the manner in which the predecessor contractor deployed

its work force to perform the services, the manner in which the work

force is typically deployed to perform such services, and the manner in

which the contract is structured.

22.1204 Seniority lists.

(a) Not less than 60 days before completion of its contract, the

predecessor contractor must furnish the contracting officer with a

certified list of the names of all service employees engaged in the

performance of building services, working for the contractor at the

Federal facility at the time the list is submitted, together with their

anniversary dates of employment. The

[[Page 44826]]

contracting officer in turn shall provide the list to the successor

contractor and, if requested, to employees of the predecessor

contractor or their representatives.

(b) The list provided pursuant to paragraph (a) of this section

satisfies the requirements of paragraph (n) of the clause at 52.222-41,

Service Contract Act of 1965, as Amended.

22.1205 Notice to employees.

(a) Where the successor contract is a contract subject to this

subpart, the contracting officer will provide written notice to service

employees of the predecessor contractor, who are engaged in building

services, of their possible right to an offer of employment. Such

notice either may be posted in a conspicuous place at the work site or

may be delivered to the employees individually.

(b) Contracting officers may use either the following suggested

notice format or another format with the same information.

Notice to Building Service Contract Employees

The contract for [type of service] services currently performed

by [predecessor contractor] has been awarded to a new contractor.

[Successor contractor] will begin performance on [date successor

contract begins].

As a condition of the new contract [successor contractor] is

required to offer employment to the employees of [predecessor

contractor] working at [the contract work site or work sites] except

in the following situations:

Managerial or supervisory employees on the current

contract are not entitled to an offer of employment.

[Successor contractor] may reduce the size of the

current work force. Therefore, only a portion of the existing work

force may receive employment offers. However, [successor contractor]

must offer employment to the employees of [predecessor contractor]

if any vacancies occur in the first 3 months of the new contract.

[Successor contractor] may employ a current employee on

the new contract before offering employment to [predecessor

contractor's] employees only if the current employee has worked for

[successor contractor] for at least 3 months immediately preceding

the commencement of the new contract and would face layoff or

discharge if not employed under the new contract.

Where [successor contractor] has reason to believe,

based on credible information from a knowledgeable source, that an

employee's performance has been unsuitable on the current contract,

the employee is not entitled to employment with the new contractor.

If you are offered employment on the new contract, you will have

at least 10 days to accept the offer.

If you are an employee of [predecessor contractor] and believe

that you are entitled to an offer of employment with [successor

contractor], but have not received an offer, you may file a

complaint with [contracting officer or representative], the

contracting officer handling this contract at: [address and

telephone number of contracting officer]. If the contracting officer

is unable to resolve your complaint, the contracting officer will

forward a report to the U.S. Department of Labor, Wage and Hour

Division. You also may file your complaint directly with [address of

the nearest District Office of the Wage and Hour Division].

If you have any questions about your right to employment on the

new contract, contact: [Name, address, and telephone number of the

contracting officer.]

22.1206 Complaint procedures.

(a) Any employee of the predecessor contractor, who believes that

he or she was not offered employment by the successor contractor as

required by this subpart, may file a complaint with the contracting

officer.

(b) Upon receipt of the complaint, the contracting officer shall

provide information to the employee(s) and the successor contractor

about their rights and responsibilities under this subpart. If the

matter is not resolved through such actions, the contracting officer

shall, within 30 days from receipt of the complaint, obtain statements

of the positions of the parties and forward the complaint and

statements, together with a summary of the issues and any relevant

facts known to the contracting officer, to the nearest District Office

of the Wage and Hour Division, Employment Standards Administration,

U.S. Department of Labor, with copies to the contractor and the

complaining employee.

(c) If the contracting officer has not forwarded the complaint to

the Wage and Hour Division within 30 days of receipt of the complaint,

as required by paragraph (b) of this section, the complainant may

refile the complaint directly with the nearest District Office of the

Wage and Hour Division.

2.1207 Withholding of contract payments.

(a) The Secretary of Labor has the authority to issue orders

prescribing appropriate remedies, including, but not limited to,

requiring employment of the predecessor contractor's employees and

payment of wages lost.

(b) After an investigation and a determination by the

Administrator, Wage and Hour Division, Department of Labor, that lost

wages or other monetary relief is due, the Administrator may direct

that so much of the accrued payments due on either the contract or any

other contract between the contractor and the Government shall be

withheld in a deposit fund as is necessary to pay the moneys due. Upon

the final order of the Secretary of Labor that such moneys are due, the

Administrator may direct that such withheld funds be transferred to the

Department of Labor for disbursement.

(c) If the contracting officer or the Secretary of Labor finds that

the predecessor contractor has failed to provide a list of the names of

employees working under the contract in accordance with the

requirements of the predecessor's contract, the contracting officer may

take such action as may be necessary to cause the suspension of the

payment of funds until such time as the list is provided to the

contracting officer.

22.1208 Contract clause.

The contracting officer shall insert the clause at 52.222-50,

Nondisplacement of Qualified Workers, in solicitations and contracts

for building services that succeed contracts for performance of similar

work at the same public building and that are not excluded by 22.1203.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

3. Section 52.222-50 is added to read as follows:

52.222-50 Nondisplacement of Qualified Workers.

As prescribed in 22.1208, insert the following clause:

Nondisplacement of Qualified Workers (Aug 1997)

(a) Definition. Service employee, as used in this clause, means

any person engaged in the performance of recurring building services

other than a person employed in a bona fide executive,

administrative, or professional capacity, as those terms are defined

in 29 CFR part 541, and shall include all such persons regardless of

any contractual relationship that may be alleged to exist between a

contractor and such person.

(b) Consistent with the efficient performance of this contract,

the Contractor shall, except as otherwise provided herein, in good

faith offer those employees engaged in the performance of building

services (other than managerial and supervisory employees) under the

predecessor contract, whose employment will be terminated as a

result of award of this contract or the expiration of the contract

under which the employees were hired, a right of first refusal to

employment under the contract in positions for which the employees

are qualified. The Contractor shall determine the number of

employees necessary for efficient performance of this contract and

may elect to employ fewer employees than the predecessor contractor

employed in connection with performance of the work. Where the

Contractor offers a right of first refusal to fewer employees than

were employed by the predecessor contractor, its

[[Page 44827]]

obligation under the contract to the predecessor's employees to fill

vacancies created by increased staffing levels or by employee

termination, either voluntarily or for cause, continues for 3 months

after commencement of the contract. Except as provided in paragraph

(c) of this clause, the Contractor shall not offer employment under

the contract to any person prior to having complied fully with this

obligation.

(c) Notwithstanding the Contractor's obligation under paragraph

(b) of this clause, the Contractor (1) may employ on the contract

any employee who has worked for the Contractor for at least 3 months

immediately preceding the commencement of this contract and who

would otherwise face layoff or discharge, (2) is not required to

offer a right of first refusal to any employee(s) of the predecessor

contractor who are not service employees, and (3) is not required to

offer a right of first refusal to any employee(s) of the predecessor

contractor who the Contractor reasonably believes, based on the

particular employee's past performance, has failed to perform

suitably on the job. Examples of permissible sources for this

determination include evidence of disciplinary action based on poor

performance or evidence from the contracting agency that the

particular employee did not perform suitably. Offers of employment

are governed by the following:

(i) The offer shall state the time within which the employee

must accept such offer, but in no case shall the period for

acceptance be less than 10 days.

(ii) The offer may be made by separate written notice to each

employee, or orally at a meeting attended by a group of the

predecessor contractor's employees.

(iii) An offer need not be to a position similar to that which

the employee previously held, but the employee must be qualified for

the position.

(iv) An offer to a position providing lower pay or benefits than

the employee held with the predecessor contractor will be considered

bona fide if the Contractor shows valid business reasons.

(v) To ensure that an offer is effectively communicated, the

Contractor should take reasonable efforts to make the offer in a

language that each worker understands; for example, by having a co-

worker or other person fluent in the worker's language at the

meeting to translate or otherwise assist an employee who is not

fluent in English.

(d) For a period of 1 year, the Contractor shall maintain copies

of any written offers of employment or a contemporaneous written

record of any oral offers of employment, including the date,

location, and attendance roster of any employee meeting(s) at which

the offers were extended, a summary of each meeting, a copy of any

written notice that may have been distributed, and the names of the

predecessor's employees to whom an offer was made. Copies of such

documentation shall be provided upon request to any authorized

representative of the contracting agency or the Department of Labor.

(e) The Contractor shall, no less than 60 days before completion

of this contract, furnish the Contracting Officer with a certified

list of the names of all service employees engaged in the

performance of building services, working for the Contractor at the

Federal facility at the time the list is submitted. The list also

shall contain anniversary dates of employment on the contract either

with the current or predecessor contractors of each service

employee, as appropriate. The Contracting Officer will provide the

list to the successor contractor, and the list shall be provided

upon request to employees or their representatives. Submission of

this list will satisfy the requirements of paragraph (n) of the

clause at 52.222-41, Service Contract Act of 1965, as Amended.

(f) The requirements of this clause do not apply to services

where a majority of the Contractor's employees performing the

particular services under the contract work at the public building

and at other locations under contracts not subject to Executive

Order 12933, provided that the employees are not deployed in a

manner that is designed to avoid the purposes of the Executive

Order.

(g) If it is determined, pursuant to regulations issued by the

Secretary of Labor, that the Contractor is not in compliance with

the requirements of this clause or any regulation or order of the

Secretary, appropriate sanctions may be imposed and remedies invoked

against the Contractor, as provided in Executive Order 12933, the

regulations of the Secretary of Labor at 29 CFR part 9, and relevant

orders of the Secretary of Labor, or as otherwise provided by law.

(h) The Contractor is advised that the Contracting Officer shall

withhold or cause to be withheld from the Contractor, under this or

any other Government contract with the Contractor, such sums as an

authorized official of the Department of Labor requests, upon a

determination by the Administrator of the Wage and Hour Division,

the Administrative Law Judge, or the Administrative Review Board,

that the Contractor failed to comply with the terms of this clause,

and that wages lost as a result of the violations are due to

employees or that other monetary relief is appropriate.

(i) The Contractor shall cooperate in any investigation by the

contracting agency or the Department of Labor into possible

violations of the provisions of this clause and shall make records

requested by such official(s) available for inspection, copying, or

transcription upon request.

(j) Disputes concerning the requirements of this clause shall

not be subject to the general disputes clause of this contract. Such

disputes shall be resolved in accordance with applicable law and the

procedures of the Department of Labor set forth in 29 CFR part 9.

Disputes concerning the requirements of this clause include disputes

between or among any of the following: The Contractor, the

contracting agency, the U.S. Department of Labor, and the employees

under the contract or its predecessor contract.

(End of clause)

[FR Doc. 97-21497 Filed 8-21-97; 8:45 am]

BILLING CODE 6820-EP-P