Federal Acquisition Regulation; Office of Federal Contract Compliance Programs National Pre-Award Registry

DEPARTMENT OF DEFENSE

General Services Administration

National Aeronautics and Space Administration

48 CFR Parts 22 and 52

[FAC 97-10; FAR Case 98-607; Item III]

RIN 9000-AI15

Federal Acquisition Regulation; Office of Federal Contract

Compliance Programs National Pre-Award Registry

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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed on a final rule amending

the Federal Acquisition Regulation (FAR) to inform the procurement

community of the availability of the Department of Labor's Office of

Federal Contract Compliance Programs (OFCCP) National Pre-Award

Registry (Registry), accessible through the Internet, that contains

contractor establishments that have been reviewed within the preceding

24 months and found in compliance with the equal opportunity laws

enforced by OFCCP, and the option to use the information in the

Registry in lieu of submitting a written request for a preaward

clearance; and implement revised Department of Labor (DoL) regulations

pertaining to equal employment opportunity and affirmative action

requirements for Federal contractors and subcontractors.

EFFECTIVE DATE: February 16, 1999.

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 97-10, FAR case 98-607.

SUPPLEMENTARY INFORMATION:

A. Background

Section 60-1.29 of Title 41 of the Code of Federal Regulations

provides that agencies shall not enter into contracts or approve the

entry into contracts or subcontracts for $10 million or more with any

bidder, prospective prime contractor, or proposed subcontractor until a

preaward compliance evaluation has been conducted and the Deputy

Assistant

[[Page 70283]]

Secretary or his designee has approved a determination that the bidder,

prospective prime contractor, or proposed subcontractor will be able to

comply with the provisions of the equal employment opportunity

regulations.

To streamline the process for obtaining preaward clearance, the

Office of Federal Contract Compliance Programs (OFCCP) has developed

and implemented the OFCCP National Pre-Award Registry which contains

contractor establishments that have been evaluated within the past 24

months and found to be in compliance with its Equal Employment

Opportunity regulations.

Since April 15, 1998, agencies who have inquired have been verbally

advised by OFCCP that they may review the Registry to search for

prospective contractor establishments to whom they intend to award

contracts of $10 million or more. If the specific contractor

establishment receiving the contract is listed on the Registry, the

agency is not required to request a written preaward clearance from

OFCCP. The use of the Registry will reduce the number of requests from

the contracting agencies to OFCCP and responses back from OFCCP to the

agency. Thus, use of the Registry will reduce the administrative burden

of paperwork for both agencies.

Also, this final rule amends FAR subpart 22.8 and the provisions

and clauses at FAR 52.212-3, 52.222-21 through 52.222-24, and 52.222-26

through 52.222-29, to implement revised Department of Labor (DoL)

regulations, published as a final rule in the Federal Register at 62 FR

44173, August 19, 1997. The DoL rule increased, from $1 million to $10

million, the threshold for obtaining preaward compliance clearance from

OFCCP, and amended administrative procedures for obtaining such

clearances; eliminated the requirement for OFCCP clearance of

subcontracts after award of the prime contract; and eliminated the

requirement to obtain a certification of nonsegregated facilities from

prospective contractors.

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.

B. Regulatory Flexibility Act

The final rule does not constitute a significant FAR revision

within the meaning of FAR 1.501 and Public Law 98-577, and publication

for public comments is not required. However, comments from small

entities concerning the affected FAR subparts will be considered in

accordance with 5 U.S.C. 610. Such comments must be submitted

separately and should cite 5 U.S.C. 601, et seq. (FAC 97-10, FAR case

98-607), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to

the FAR do not impose recordkeeping or information collection

requirements, or collections of information from offerors, contractors,

or members of the public which require the approval of the Office of

Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 22 and 52

Government procurement.

Dated: December 14, 1998.

Ralph DeStefano,

Acting 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

22.800 [Amended]

2. Section 22.800 is amended by removing ``Government.''

3. Section 22.801 is revised to read as follows:

22.801 Definitions.

As used in this subpart--

Affirmative action program means a contractor's program that

complies with Department of Labor regulations to ensure equal

opportunity in employment to minorities and women.

Compliance evaluation means any one or combination of actions that

the Office of Federal Contract Compliance Programs (OFCCP) may take to

examine a Federal contractor's compliance with one or more of the

requirements of E.O. 11246.

Contractor includes the terms ``prime contractor'' and

``subcontractor.''

Deputy Assistant Secretary means the Deputy Assistant Secretary for

Federal Contract Compliance, U.S. Department of Labor, or a designee.

Equal Opportunity clause means the clause at 52.222-26, Equal

Opportunity, as prescribed in 22.810(e).

E.O. 11246 means Parts II and IV of Executive Order 11246,

September 24, 1965 (30 FR 12319), and any Executive order amending or

superseding this order (see 22.802). This term specifically includes

the Equal Opportunity clause at 52.222-26, and the rules, regulations,

and orders issued pursuant to E.O. 11246 by the Secretary of Labor or a

designee.

Prime contractor means any person who holds, or has held, a

Government contract subject to E.O. 11246.

Recruiting and training agency means any person who refers workers

to any contractor or provides or supervises apprenticeship or training

for employment by any contractor.

Site of construction means the general physical location of any

building, highway, or other change or improvement to real property that

is undergoing construction, rehabilitation, alteration, conversion,

extension, demolition, or repair; and any temporary location or

facility at which a contractor or other participating party meets a

demand or performs a function relating to a Government contract or

subcontract.

Subcontract means any agreement or arrangement between a contractor

and any person (in which the parties do not stand in the relationship

of an employer and an employee)--

(1) For the purchase, sale, or use of personal property or

nonpersonal services that, in whole or in part, are necessary to the

performance of any one or more contracts; or

(2) Under which any portion of the contractor's obligation under

any one or more contracts is performed, undertaken, or assumed.

Subcontractor means any person who holds, or has held, a

subcontract subject to E.O. 11246. The term first-tier subcontractor

means a subcontractor holding a subcontract with a prime contractor.

United States means the several states, the District of Columbia,

the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands, and Wake

Island.

22.802 [Amended]

4. Section 22.802 is amended in paragraph (a) by removing

``Government contracting'' and ``Govvernment prime''; and in paragraph

(b) by removing ``Director'' and adding ``Deputy Assistant Secretary''.

5. Section 22.803 is amended in paragraph (b) by removing

``Director'' and adding ``Deputy Assistant Secretary''; and by revising

paragraph (d) to read as follows:

22.803 Responsibilities.

* * * * *

(d) In the event the applicability of E.O. 11246 and implementing

[[Page 70284]]

regulations is questioned, the contracting officer shall forward the

matter to the Deputy Assistant Secretary, through agency channels, for

resolution.

6. Section 22.804-1 is revised to read as follows:

22.804-1 Nonconstruction.

Except as provided in 22.807, each nonconstruction prime contractor

and each subcontractor with 50 or more employees and either a contract

or subcontract of $50,000 or more, or Government bills of lading that

in any 12-month period total, or can reasonably be expected to total,

$50,000 or more, is required to develop a written affirmative action

program for each of its establishments. Each contractor and

subcontractor shall develop its written affirmative action programs

within 120 days from the commencement of its first such Government

contract, subcontract, or Government bill of lading.

22.804-2 [Amended]

7. Section 22.804-2 is amended in the first sentence of paragraph

(b) by removing ``contracting''.

8. Section 22.805 is amended by revising the introductory text of

paragraph (a); revising paragraphs (a)(1), (a)(2), and (a)(3); by

redesignating paragraphs (a)(4) thru (a)(8) as (a)(5) thru (a)(9),

respectively, and adding a new paragraph (a)(4); by revising the

introductory text of the newly designated paragraph (a)(5); revising

newly designated paragraphs (a)(5)(ii) and (v); (a)(6), (a)(7), (a)(8),

and (a)(9); and in paragraph (b) by adding ``Employment'' after

``Equal''. The revised text reads as follows:

22.805 Procedures.

(a) Preaward clearances for contracts and subcontracts of $10

million or more (excluding construction). (1) Except as provided in

paragraphs (a)(4) and (a)(8) of this section, if the estimated amount

of the contract or subcontract is $10 million or more, the contracting

officer shall request clearance from the appropriate OFCCP regional

office before--

(i) Award of any contract, including any indefinite delivery

contract or letter contract; or

(ii) Modificaton of an existing contract for new effort that would

constitute a contract award.

(2) Preaward clearance for each proposed contract and for each

proposed first-tier subcontract of $10 million or more shall be

requested by the contracting officer directly from the OFCCP regional

office(s). Verbal requests shall be confirmed by letter or facsimile

transmission.

(3) When the contract work is to be performed outside the United

States with employees recruited within the United States, the

contracting officer shall send the request for a preaward clearance to

the OFCCP regional office serving the area where the proposed

contractor's corporate home or branch office is located in the United

States, or the corporate location where personnel recruiting is

handled, if different from the contractor's corporate home or branch

office. If the proposed contractor has no corporate office or location

within the United States, the preaward clearance request action should

be based on the location of the recruiting and training agency in the

United States.

(4) The contracting officer does not need to request a preaward

clearance if--

(i) The specific proposed contractor is listed in OFCCP's National

Preaward Registry via the Internet at http://www.dol-esa.gov/preaward/;

(ii) The projected award date is within 24 months of the proposed

contractor's Notice of Compliance completion date in the Registry; and

(iii) The contracting officer documents the Registry review in the

contract file.

(5) The contracting officer shall include the following information

in the preaward clearance request:

* * * * *

(ii) Name, address, and telephone number of each proposed first-

tier subcontractor with a proposed subcontract estimated at $10 million

or more.

* * * * *

(v) Place or places of performance of the prime contract and first-

tier subcontracts estimated at $10 million or more, if known.

* * * * *

(6) The contracting officer shall allow as much time as feasible

before award for the conduct of necessary compliance evaluation by

OFCCP. As soon as the apparently successful offeror can be determined,

the contracting officer shall process a preaward clearance request in

accordance with agency procedures, assuring, if possible, that the

preaward clearance request is submitted to the OFCCP regional office at

least 30 days before the proposed award date.

(7) Within 15 days of the clearance request, OFCCP will inform the

awarding agency of its intention to conduct a preaward compliance

evaluation. If OFCCP does not inform the awarding agency within that

period of its intention to conduct a preaward compliance evaluation,

clearance shall be presumed and the awarding agency is authorized to

proceed with the award. If OFCCP informs the awarding agency of its

intention to conduct a preaward compliance evaluation, OFCCP shall be

allowed an additional 20 days after the date that it so informs the

awarding agency to provide its conclusions. If OFCCP does not provide

the awarding agency with its conclusions within that period, clearance

shall be presumed and the awarding agency is authorized to proceed with

the award.

(8) If the procedures specified in paragraphs (a)(6) and (a)(7) of

this section would delay award of an urgent and critical contract

beyond the time necessary to make award or beyond the time specified in

the offer or extension thereof, the contracting officer shall

immediately inform the OFCCP regional office of the expiration date of

the offer or the required date of award and request clearance be

provided before that date. If the OFCCP regional office advises that a

preaward evaluation cannot be completed by the required date, the

contracting officer shall submit written justification for the award to

the head of the contracting activity, who, after informing the OFCCP

regional office, may then approve the award without the preaward

clearance. If an award is made under this authority, the contracting

officer shall immediately request a postaward evaluation from the OFCCP

regional office.

(9) If, under the provisions of paragraph (a)(8) of this section, a

postaward evaluation determines the contractor to be in noncompliance

with E.O. 11246, the Deputy Assistant Secretary may authorize the use

of the enforcement procedures at 22.809 against the noncomplying

contractor.

* * * * *

9. Section 22.806 is revised to read as follows:

22.806 Inquiries.

(a) An inquiry from a contractor regarding status of its compliance

with E.O. 11246, or rights of appeal to any of the actions in 22.809,

shall be referred to the OFCCP regional office.

(b) Labor union inquiries regarding the revision of a collective

bargaining agreement in order to comply with E.O. 11246 shall be

referred to the Deputy Assistant Secretary.

10. Section 22.807 is amended--

a. In paragraph (a)(1) by removing ``Director'' and adding ``Deputy

Assistant Secretary'';

b. By revising paragraph (a)(2);

c. In the second sentence of paragraph (b)(1) by removing ``or

subcontractor'';

[[Page 70285]]

d. In paragraph (b)(3) by adding a comma following

``instrumentality'' the second time it appears;

e. By revising paragraph (b)(5);

f. In paragraph (b)(6) by adding a hyphen between ``Indefinite

quantity'' (both times it appears);

g. By revising paragraph (c);

h. By revising the introductory text of (d); and

i. In paragraph (d)(2) by removing ``calendar''.

The revised text read as follows:

22.807 Exemptions.

(a) * * *

(2) Specific contracts. The Deputy Assistant Secretary may exempt

an agency from requiring the inclusion of one or more of the

requirements of E.O. 11246 in any contract if the Deputy Assistant

Secretary deems that special circumstances in the national interest so

require. Groups or categories of contracts of the same type may also be

exempted if the Deputy Assistant Secretary finds it impracticable to

act upon each request individually or if group exemptions will

contribute to convenience in the administration of E.O. 11246.

(b) * * *

(5) Facilities not connected with contracts. The Deputy Assistant

Secretary may exempt from the requirements of E.O. 11246 any of a

contractor's facilities that the Deputy Assistant Secretary finds to be

in all respects separate and distinct from activities of the contractor

related to performing the contract, provided, that the Deputy Assistant

Secretary also finds that the exemption will not interfere with, or

impede the effectiveness of, E.O. 11246.

* * * * *

(c) To request an exemption under paragraph (a)(2) or (b)(5) of

this section, the contracting officer shall submit, under agency

procedures, a detailed justification for omitting all, or part of, the

requirements of E.O. 11246. Requests for exemptions under paragraph

(a)(2) or (b)(5) of this section shall be submitted to the Deputy

Assistant Secretary for approval.

(d) The Deputy Assistant Secretary may withdraw the exemption for a

specific contract, or group of contracts, if the Deputy Assistant

Secretary deems that such action is necessary and appropriate to

achieve the purposes of E.O. 11246. Such withdrawal shall not apply--

* * * * *

22.809 [Amended]

11. Section 22.809 is amended in the introductory text by removing

``Director'' and adding ``Deputy Assistant Secretary''; in paragraph

(a) by removing ``their'' and adding ``its''; and in paragraph (d) by

removing Director and adding ``Deputy Assistant Secretary''.

12. Section 22.810 is amended--

a. By revising paragraph (a);

b. In paragraph (b) by adding ``for Construction'' after

``Opportunity'' the first time it appears;

c. By revising paragraph (c);

d. By revising paragraph (e),

e. In paragraph (f) by removing ``and'' the second time it appears

and adding ``when'';

f. By removing paragraph (g); and

g. By redesignating paragraph (h) as (g).

The revised paragraphs read as follows:

22.810 Solicitation provisions and contract clauses.

(a) When a contract is contemplated that will include the clause at

52.222-26, Equal Opportunity, the contracting officer shall insert--

(1) The clause at 52.222-21, Prohibition of Segregated Facilities,

in the solicitation and contract; and

(2) The provision at 52.222-22, Previous Contracts and Compliance

Reports, in the solicitation.

* * * * *

(c) The contracting officer shall insert the provision at 52.222-

24, Preaward On-Site Equal Opportunity Compliance Evaluation, in

solicitations other than those for construction when a contract is

contemplated that will include the clause at 52.222-26, Equal

Opportunity, and the amount of the contract is expected be $10 million

or more.

* * * * *

(e) The contracting officer shall insert the clause at 52.222-26,

Equal Opportunity, in solicitations and contracts (see 22.802) unless

the contract is exempt from all of the requirements of E.O. 11246 (see

22.807(a)). If the contract is exempt from one or more, but not all, of

the requirements of E.O. 11246, the contracting officer shall use the

clause with its Alternate I.

* * * * *

22.802, 22.803, 22.807, 22.808, 22.809 [Amended]

13. In addition to the amendments set forth above, subpart 22.8 is

also amended by removing ``EO'' and adding ``E.O.'' in the following

places:

a. Section 22.802 (b), and (c);

b. Section 22.803 (a)(1), (a)(2) and (b);

c. Section 22.807 (a) introductory text (twice), (b)(2), (b)(3),

and (b)(4) (twice);

d. Section 22.808; and

e. Section 22.809 introductory text, (c), and (d).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

14. Section 52.212-3 is amended by revising the provision date; by

removing (d)(1); and redesignating paragraphs (d)(2) and (d)(3) as

(d)(1) and (d)(2) respectively; by revising the newly designated

(d)(1); and in the newly redesignated paragraph (d)(2)(i) by removing

``Subparts'' and adding ``parts''. The revised text reads as follows:

52.212-3 Offeror Representations and Certifications--Commercial Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (Feb 1999)

* * * * *

(d) Certifications and representations required to implement

provisions of Executive Order 11246--(1) Previous contracts and

compliance. The offeror represents that--

(i) It {time} has, {time} has not participated in a previous

contract or subcontract subject to the Equal Opportunity clause of

this solicitation; and

(ii) It {time} has, {time} has not filed all required

compliance reports.

* * * * *

15. Section 52.222-21 is revised to read as follows:

52.222-21 Prohibition of segregated facilities.

As prescribed in 22.810(a)(1), insert the following clause:

Prohibition of Segregated Facilities (Feb 1999)

(a) Segregated facilities, as used in this clause, means any

waiting rooms, work areas, rest rooms and wash rooms, restaurants

and other eating areas, time clocks, locker rooms and other storage

or dressing areas, parking lots, drinking fountains, recreation or

entertainment areas, transportation, and housing facilities provided

for employees, that are segregated by explicit directive or are in

fact segregated on the basis of race, color, religion, sex, or

national origin because of written or oral policies or employee

custom. The term does not include separate or single-user rest rooms

or necessary dressing or sleeping areas provided to assure privacy

between the sexes.

(b) The Contractor agrees that it does not and will not maintain

or provide for its employees any segregated facilities at any of its

establishments, and that it does not and will not permit its

employees to perform their services at any location under its

control where segregated facilities are maintained. The Contractor

agrees that a breach of this clause is a violation of the Equal

Opportunity clause in this contract.

(c) The Contractor shall include this clause in every

subcontract and purchase order that

[[Page 70286]]

is subject to the Equal Opportunity clause of this contract.

(End of clause)

16. Section 52.222-22 is amended by revising the introductory text,

the date of the provision, and paragraph (a) to read as follows:

52.222-22 Previous Contracts and Compliance Reports.

As prescribed in 22.810(a)(2), insert the following provision:

Previous Contracts and Compliance Reports (Feb 1999)

* * * * *

(a) It {time} has, {time} has not participated in a previous

contract or subcontract subject to the Equal Opportunity clause of

this solicitation;

* * * * *

17. Section 52.222-23 is amended by revising the section heading,

the introductory text, the provision heading, and the introductory text

of paragraph (d) to read as follows:

52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal

Employment Opportunity for Construction.

As prescribed in 22.810(b), insert the following provision:

Notice of Requirement for Affirmative Action To Ensure Equal Employment

Opportunity for Construction (Feb 1999)

* * * * *

(d) The Contractor shall provide written notification to the

Deputy Assistant Secretary for Federal Contract Compliance, U.S.

Department of Labor, within 10 working days following award of any

construction subcontract in excess of $10,000 at any tier for

construction work under the contract resulting from this

solicitation. The notification shall list the --

* * * * *

18. Section 52.222-24 is revised to read as follows:

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation.

As prescribed in 22.810(c), insert the following provision:

Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

If a contract in the amount of $10 million or more will result

from this solicitation, the prospective Contractor and its known

first-tier subcontractors with anticipated subcontracts of $10

million or more shall be subject to a preaward compliance evaluation

by the Office of Federal Contract Compliance Programs (OFCCP),

unless, within the preceding 24 months, OFCCP has conducted an

evaluation and found the prospective Contractor and subcontractors

to be in compliance with Executive Order 11246.

(End of provision)

19. Section 52.222-25 is amended by revising the introductory text

to read as follows:

52.222-25 Affirmative Action Compliance.

As prescribed in 22.810(d), insert the following provision:

* * * * *

20. Section 52.222-26 is amended--

a. By revising the introductory text and the clause date;

b. In paragraph (a) by removing ``below'' and adding ``of this

clause'';

c. By revising paragraphs (b) introductory text and (b)(1);

d. In paragraph (b)(4) by adding ``s'' to ``advertisement'';

e. By revising paragraphs (b)(7), (b)(8), and the last sentence of

(b)(9);

f. In paragraph (b)(10) by adding ``s'' to ``subparagraph'';

g. In paragraph (b)(11) by removing ``contracting agency'' and

adding ``contracting officer''; and

h. By revising the introductory text of Alternate I.

The revised text reads as follows:

52.222-26 Equal Opportunity.

As prescribed in 22.810(e), insert the following clause:

Equal Opportunity (Feb 1999)

* * * * *

(b) During performance of this contract, the Contractor agrees

as follows:

(1) The Contractor shall not discriminate against any employee

or applicant for employment because of race, color, religion, sex,

or national origin. However, it shall not be a violation of this

clause for the Contractor to extend a publicly announced preference

in employment to Indians living on or near an Indian reservation, in

connection with employment opportunities on or near an Indian

reservation, as permitted by 41 CFR 60-1.5.

* * * * *

(7) The Contractor shall furnish to the contracting agency all

information required by Executive Order 11246, as amended, and by

the rules, regulations, and orders of the Secretary of Labor. The

Contractor shall also file Standard Form 100 (EEO-1), or any

successor form, as prescribed in 41 CFR part 60-1. Unless the

Contractor has filed within the 12 months preceding 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

Employment Opportunity Commission for the necessary forms.

(8) The Contractor shall permit access to its premises, during

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 (including

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 rules and regulations that

implement the Executive Order.

(9) * * * In addition, sanctions may be imposed and remedies

invoked against the Contractor as provided in Executive Order 11246,

as amended; in the rules, regulations, and orders of the Secretary

of Labor; or as otherwise provided by law.

* * * * *

Alternate I (Feb 1999). As prescribed in 22.810(e), add the

following as a preamble to the clause:

* * * * *

21. Section 52.222-27 is amended--

a. By revising the introductory text and the date of the clause;

b. In paragraph (a) by removing the definition of ``Director'' and

adding ``Deputy Assistant Secretary'';

(c) In paragraph (g)(4) by removing ``Director'' and adding

``Deputy Assistant Secretary'';

d. In paragraph (g)(5) by removing ``above'' and adding ``of this

clause'';

e. In paragraph (g)(7) by removing ``onsite'' and adding ``on-

site'' in its place;

f. By revising paragraph (g)(14);

g. In paragraph (h) by adding ``of this clause'' after ``(16)''

(both times it appears); and

h. In paragraph (m) by removing ``above'' and ``Director'' and

adding ``of this clause'' and ``Deputy Assistant Secretary'',

respectively.

The revised text reads as follows:

52.222-27 Affirmative Action Compliance Requirements for Construction.

As prescribed in 22.810(f), insert the following clause:

Affirmative Action Compliance Requirements for Construction (Feb 1999)

(a) * * *

Deputy Assistant Secretary, as used in this clause, means the

Deputy Assistant Secretary for Federal Contract Compliance, U.S.

Department of Labor, or a designee.

* * * * *

(g) * * *

(14) Ensure that all facilities and company activities are

nonsegregated except that separate or single-user rest rooms and

necessary dressing or sleeping areas shall be provided to assure

privacy between the sexes.

* * * * *

52.222-28 [Reserved]

22. Section 52.222-28 is removed and reserved.

23. Section 52.222-29 is revised to read as follows:

52.222-29 Notification of visa denial.

As prescribed in 22.810(g), insert the following clause:

Notification of Visa Denial (Feb 1999)

It is a violation of Executive Order 11246, as amended, for a

Contractor to refuse to employ any applicant or not to assign any

person hired in the United States, on the basis that the

individual's race, color,

[[Page 70287]]

religion, sex, or national origin is not compatible with the

policies of the country where the work is to be performed or for

whom the work will be performed (41 CFR 60-1.10). The Contractor

agrees to notify the U.S. Department of State, Assistant Secretary,

Bureau of Political-Military Affairs (PM), 2201 C Street NW, Room

7325, Washington, DC 20520, and the U.S. Department of Labor, Deputy

Assistant Secretary for Federal Contract Compliance, when it has

knowledge of any employee or potential employee being denied an

entry visa to a country in which the Contractor is required to

perform this contract, and it believes the denial is attributable to

the race, color, religion, sex, or national origin of the employee

or potential employee.

(End of clause)

[FR Doc. 98-33515 Filed 12-16-98; 8:45 am]

BILLING CODE 6820-EP-P