[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Pages 44823-44827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21497]
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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:
farcase.94-610@gsa.gov.
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
