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NUO 4201 U.S.DEPARTMENT OF NOUSIaG AND URBAN DEVELOPMENT
13•-s9)
CONTRACT CHANGE ORDER
Contract No. Date
Project No. _
Change Order No._ Location
To: (Contractor)
You are hereby rr)vos`ed comply with the following changes from the contract Plana and specifications:
1TF.Y DESCRIPTION OF ChA NGES—QUANTMES, UNITS, DECREASE IN INCREASE 1N
NU. 1.NIT PRICES,CHANGE 1N COMPLETION SCHEDULE, ETC CONTRACT PRICF CONTRACT PRICE
_ (U (3)
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Change in contract price due to this Change Order:
Total decrease s -` xxxxxxxx xxxx
Total mcrcaSe %xxxxxxxxxxxxx S
Difference between Col. (3)and (4): $ S
Net floc reasexdecreare) contract price __ — S
The sum of E_ s hereby added to, deducted from, the total contract price, and the
total adjasted contract price to dat., thereby is S_
1 The time provided for completion in the contract is unchanged, increased, decreased, by calendar
days. Phis document shall become an amendment to the contract and all provisions of the contract will apply hereto.
Accepted by:
--
Dere
ttecommended by:
ArthIT—del.aTnpn�� i
Dew
Approved by:
Owner — — --
Detr
Note: Ws i armed under this change order prior to HUD concurrence is at owner's risk. HUD concurrence
wl': ' , evidenced by signature Of HUD Construction Representative (or where neces,,r.y, of Assistant
Regional Administrator for Housing Assistance)on Form HUD4217. 1
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tM Project No. Contract No Change Order No.
4 REQUEST AND JUSTIFICATION FOR CHANGE
1. Necessity for change:
2. is proposed change an alternste Sid? L " 1 es 'v
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j 3. Will proposed change alter the size of the project' i_:—J Yes No
If yes, explain.
4. Effect of this change on other prime contractors:
S. Has consent of surety been obtained? Yes Not necessary
6. Will this change affect expiration or e<tent of insurance coverage? `1 Yes y No
If yes, will the policies be extended? f:;;! Yes []No
7. Effect on operation and maintenance cuts:
HUD-4201 (3.69) HUD-Mmh., 0.C. 211521-P (Rw. 3-69)
SHOP DRAWING TRANSMITTAL LETTER
City of Renton - Engineering Dare:
Renton Municipal Building Subject:
200 Mill Avenue So. Contract:
Renton, Washington 98055 Item:
Gentlemen:
Transmitted herewith for review and approval are the following listed Shop
Drawings as required by our Contract.
Manufact,.rr_er Drawing No. Date Description
Submitted by: _
Con,ractor
Title
Recommended by:
Field Inspector
Project Engineer
Approved by:
Date Owner
Title
REQUEST FOR APPROVAL
City of Renton - Engineering Date:
Municipal Building Subject: _
200 Mill 4venue So. Contract: _
Renton, Washington 98055 Item:
Gentlemen:
Approval is herewith requested on the follwing described item.
Detailed description '
K
Submitted by:
Contractor
Title
Recommended by:
Field Inspector
Project Engineer
Approved _ by:
Date Owner
Title
SECTION VIII
U.S. Department of Housing and Urban Development -
Bid Condition, Affirmative Action Requirements &
Equal Employment Opportunity
U.S. Department of Labor's Wage Schedules
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
HID CONDITIONS
AFFIRMATIVE 4CPION REQUIREMENTS
EQUAL EMPJgIMENT OPPORTUNITY
For All Non-Exempt :deral and Federally-Assisted
Construction C -,tracts to be Awarded in
King ' ,-,inty, Washington
A. Coverage. The provisions of these Bid Cond tions
shall be applicable to those bidders, contractors and sub-
contractors in regard to all construction trades to be used
on the project.
B. Requirement -- An Affirmative Act"ion Plan.
Bidders, contractors and subcontractors will not be eligible
for the award of a contract under this Invitation for Bids ,
unless such bidder has submitted as part of its bid, and
has had approved by the Department of Housing & Urban Develo ant
a written affirmative action elan, embodying both (1) goals
and timetables of minority manpower utilization,Jand (2 )
specific affirmative action steps directed at increasing
minority manpower utilization by means of applying good
faith efforts to carry out such steps. Both the goals and
- / "Minority" is defined as including Negroes, Spanish
Surnamed Americans, Orientals and American Indians.
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timetables, and the affirmative action steps must meet the
requirements of these Bid Conditions as set forth below
for all trades which are to be utilized on the project ,
irrespective of whether the work to be performed by them
has been subcontracted.
1. Goals and Timetables. The Plan must set
forth goals of minority manpower utilization for the bidder
and all contractors and subcontractors for all trades to
be used on the project, upon which the bidder is bidding
in King County, Washington. The goals shall be expressed
in terms of manhours, within at least the following ranges,
for the corresponding time periods listed below.
Until 12/31/71 3.2% - 6.5%
From l/l/72 Until 12/31/72 6. 5% - 9. 7%
From l/l/73 Until 12/31/73 9. 7% -• 13.0%
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In the event that under a contract which is subject
to these Bid Conditions any work is performed in a year
later than the latest vear for which acceptable ranges of
minority manpower utilization have been determined herein,
the ranges for 1973 shall he applicable to such work.
Whenever a contractor or subcontractor, who at the
time of bidding is eligible under these Bid Conditions, uses
trades not zontemplated at the time he submits his bid, he
shall be deemed to be committed to these Bid Conditions with
respect to those trades. whenever a contractor oz subcon-
tractor is so deemed to be committed to these Bid Conditions,
he shall be considered to be committed to a manpower utili-
zation goal of the minimum percentage range for that trade
for the appropriate year.
The above percentages of minority manpower utilization
are expressed in tezms of manhours of training and employ-
ment as a proportion of the total manhours to be worked by
the bidder ' s, contractor ' s and subcontractor's entire work
force in that trade on all projects in King County, Washington,
including all non-Federally involved construction projects,
during the performance of its contract or subcontract .
The manhours for minority work and training must be
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substantially uniform throughout the length of the contract,
for all projects and for each of the trades. Further, the
transfer of minority employees or trainees from employer-
to-employer and from project-to-project for the sole purpose
of meeting the contractor ' s or subcontractor' s goal (s) shall
be a violation of these conditions.
The goals of minority manpower utilization required
of bidders pursuant to these Bid Conditions may be satisfied
by the enrollment of minority in pre-apprenticeship,
apprenticeship and journeyman training or similar programs,
but such utilization of minority manpower shall be appor-
tioned as equally as possible to all such programs used or
available for use . In order that the nonworking training
hours of trainees may be counted in meeting the goals, such
`rainees must be employed by the contractor during the training
period. Journeymen, however, may be employed in lieu of a
like number or percentage of minority trainees or apprentices
otherwise to be employed and/or trained in accordance with
the contractor ' s or subcontractor' s goals .
A contractor or subcontractor shall be deemed to be
in compliance with the terms and requirements of these Bid
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Conditions by the employment and training of minorities in
the appropriate percentage of his aggregate work force in
King County, Washington, for each trade for which it is
committed to a goal under the Bid Conditions.
However, no contractor or subcontractor shall be
found to be in noncompliance solely on account of its failure
to meet its goals within its timetables, but such contractor
shall be given the opportunity to demonstrate that it has
instituted all of the specific affirmative action steps
-- specified in section 2 of these Rid Conditions and has made
every good faith effort to make these steps work toward the
attainment of its goals within its timetables, all to the
purpose of expanding minority manpower utilization on all
of its projects in King County, Washington.
In all cases, the compliance of a bidder, contractor
or subcontractor will be determined in accordance with its
respective obligations under the terms of these Bid Con-
ditions. 'wherefore, contractors or subcontractors who are
governed by the provisic_,s thereof shall be subject to its
requirements regardless of the obligations of its prime
contractor or lower tier subcontractors should they in any
way be different.
All bidders, prime contractors and subcontractors
shall include in all bid invitations or other prebid communi-
cations, written or otherwise, with respect to their
prospective subcontractors, the goals, as applicable, which
are required under this order. Whenever a prime contractor
or subcontractor subcontracts a portion of the work in any
trade designated herein, he shall i _lude in such subcon-
tract his commitment made undei tl, a order, as applicable,
which shall be adoptel by his subcontractor, who shall be
bounc thereby and by this order to the full extent as if he
were the prime contractor . The prime contractor shall not
[ be accountable for the failure of the subcontractor to
FF fulfill his requirements, however, the prime contractor or
subcontractor shall give notice to the Area Coordinator
of the Office of Federal Contract Compliance of the Department
o: Labor and the contracting agency, of the refusal or fain re
of any subcontractor to fulfill his obligations under this
4 order. Failure of compliance by any subcontractor will be
treated in the same manner as such failure by the prime
contractor.
Bidders, contractors and subcontractors hereby agree
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to refrain from entering into any contract or contract. modi-
fication subject to Executive Order 11246 of September 24,
1965, with a contractor debarred from
or who is determined
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not to be a "responsible" bidder for C
( overnment contracts
and federally-assisted construction contracts pursuant to
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the Executive
x utive Order. The bidder, contracto
r or subcontractor
shall carry out such sanctions and penalties for violation
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of the equal opportunity clause including suspension, ter-ii-
w nation and cancellation of existings �uncontracts as may be
imposed or ordered by the administering agency, the contracting
agency cr the Office of Federal Contract-- Compliance pursuant
to the Executive Order. An
y bidder, contractor or subcon-
tractor who shall fail to carry out such sanctions and per;alt:.es
shall be dee
med to be in noncompliance with these Bid Conditions
and Executive Order 11246,
2 • specific Affirmative Action steo�.
---�_—_---� . The plans
for the h'.dders, contractors and subcontractors must ser
forth specific affirmative action steps directed at increasing
minority manpower utilization, which steps must be at least
as extensive and as specific as the following:
a• The contractor shall notify community
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organizations that V-e contractor has employment opportunities
ava' lable and shall maintain records of the organizations '
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response.
b. The contractor shall maintain a file of
the names and addresses of each minority worker referred to
him and what action, was taken with respect to each such
referred worker, and if the worker was not employed, the
reasons therefor. If such worker was not sent to the union
hiring hall for referral or if such worker was not employed
by the contractor, the contractor ' s file should document this
and the reasons therefor.
C. The contractor shall promptly notify
the Department of Housing A< Orbar Dev_- when the union or unions
with whom the contractor has a collective bargaining agree-
menu,has not referred to th- .. r '- - ictor a minority worker
sent by the contractor or the contractor has other information
that tl:e union referral process has impeded him in his efforts
to meet his goal.
d. The c, Tractor shall participate in
training programs in the area, especially those funded by
the Deo,trtment of Labor .
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e. The contractor shall disseminate his
EEO policy within his own organization by including it in
any policy manual; by publicizing it in c .pany newspapers,
annual report, etc. ; by conducting staff, employee and
I union representatives ' meetings to explain and discuss the
policy; by posting of the p«licy; and by specific review
of the policy with minority employees.
f. The contractor shall disseminate his
EEO policy externally by informing and discussing it with
all recruitment sources; by adverta ing irx news media,
specifically including minority news media; and by notifying
and discussing it with all subcontractors and suppliers.
g. The contractor shall make specific and
constant personal (both written and oral) recruitment
efforts directed at all minority organizations, schools
with minority students, minority recruitment organizations
and minority training organizations, within the contractor's
recruitment area.
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h. The contractor shall make specific efforts
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to encourage present minority employees to recruit their
friends and relatives.
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i. The contractor shall validate all man
specifications, selection requirements, tests, etc.
j . The contractor shall make every effort
to provide after-school, summer and vacation employment to
minority youths.
k. The contractor shall develop on-the-]ob
training opportunities and participate and assist in any
association or employer-group traininc programs relevant
to the contractor ' s employee needs consistent with its
obligations under this Fart II.
1. The contractor shall continually inven-
tory and evaluate all minority personnel for promotion
opportunities and encourage minority employees to seek
such opportunities.
M. The contractor shall. make sure that
seni-city practices, job classifications, do not have
a discriminatory effect.
n. The contractor shall make certain that
all facilities and company activities are non-segregated.
o. The contractor shall continually monitor
all personnel activities to ensure that his EEO policy is
being carried out.
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i. The contractor shall validate all man
specifications, selection requirements, tests, etc.
j . The contractor shall make every effort
to provide after-school, summer and -acation employment to
minority youths.
k. The contractor shall develop on-the-job
training opportunities and participate and assist in any
association or employer-group training programs relev&nt
to the contractor ' s employee needs consistent with its
obligations under this Part II .
1. The contractor shall continually inven-
tory and evaluate all minority personnel for promotion
opportunities and encourage minority employees to seek
such opportunities.
M. The contractor shall make sure that
seniority practices, job classifications, etc. , do not have
a discriminatory effect.
n. The contractor shall make certain that
all facilities and company activities are non-segregated.
o. The c :tractor shall continually monitor
all personnel activities to ensure that his EEO policy is
being carried out.
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i. The contractor shall validate all man
specifications, selection requirements, tests, etc.
j . The contractor shall make every effort
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to provide aftex'-school, summer and vacation employment to
minority youths.
k. The contractor shall develop oi)-the-job
training opportunities and participate and assist in any
association or employer-group training programs relevant
to the contractor ' s employee needs consistent with its
obligations under this Part II.
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1. The contractor shall continually inven-
tory and evaluate all minority personnel for promotion
opportunities and encourage ninority employees to seek
such opportunities.
M. The contractor shall make sure that
seniority practices, job classifications, atc. , do not have
a discriminatory effect.
n. The contractor shall make certain that
all facilities and ccmpany activities are non-segregated.
o. The contractor shall -ontinually monitor
all personnel activities to ensure that his EEO policy is
being carried out.
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i. The contractor shall validate all man
specifications, selection requirements, tests, etc.
; . The contractor Eha' l make every effort
to provide after-school, summer and vacation employment to
minority youths.
k. The contractor shall develop on-the-job
training opportunities and participate and assist in any
association or employer-group training programs relevant
to the contractor ' s employee needs consistent with its
obligations under this Part II ,
1. The contractor shall continually inven-
tory and evaluate all minority personnel for promotion
opportunities and encourage minority employees to seek
such opportunities.
M. The contractor shall make sure that
seniority practices, job classificatiors, etc. , do not have
a discriminatory effect.
n. The contractor shall ake certain that
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! all facilities and company activities are ncn-segregated.
o. The contractor shall continually monitor
all perscnnel activities to ensure that his EEO policy is
being carried out.
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p. The contractor shall solicit bids for
` subcontracts from available minority subcontractors engaged
in the trades covered by these Bid Condition ., including
circulation of minority contractor associations.
3. Certain Contrac Qr; and Subcontractors Not
Rgauired to Submit Goals and Timetables. The following
labor organizations and joint apprenticeship committees
appeared as defendants in tre case of Upited States v.
Local 8, Int. A•' 'n. o! Bridge, S„ 0 s R. I. , 315 F.Supp,
1202 (W.D. Wash. 1970) and have been ordered to ascribe to
and implement an affirmative action program designed to
increase the utilization of Negro employees in these trades.
Ironworkers Local Union No. 86; Ironworkers Joint
Apprenticeship Traini Committee; Ioternational Brother-
hood of Electrical Workers Local Union No. 46; Plumbers and
Pipefitters Local Union No. 32 ; Plumbers and Pipefitters
Joint Apprenticeship Committee; Sheetmetal Workers Union
No. 99; and Sheetmetal Workers Joint Apprenticeship
Committee.
By Orders of the Court dated June 16, 1970, the
above-designated labor organizations were directed to
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develop, maintain and implement affirmative action programs
designed to increase the utilization of Negroes within these
trades. Specific goals and timetables for their achievement
were oriered by the court. Additionally, the Operating
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Engineers Local Union Nt,, 302 , originally named as a defendant
in the court action, was removed from that action pursuant
to a Consent Decree by which it is committed to maintain
and implement an affirmative action program for the increased
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utilization of minorities in the trade.
Bidders, contractors or subcontractors who are by con-
tract or otherwise, dependent upon labor organizations covered
by the court 's order, or the Consent Decree, for the supply
of emeloyees, shall not be required to submit the goals and
ti..._ _ables for the trades covered by such order or decree. How-
ever, such bidders, contractors or subcontractors shall be subject
to the other requirements of these Bid Conditions (including
the submission of written affirmative action plans containing
specific affirmative action steps required by section 2 above)
and all other requirements of Executive Order 11246 and the
Training ,;rograms under the Court 's orders and the Cri-
sent Decree are currently being funded, separately, by the
United States Department of Labor.
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implementing rules, regulations and orders issued thereunder.
4. Non-Discrimination. In no event may a
^ contractor or subcontractor utilize the goals, timetables,
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or affirmative action steps required by these Bid Conditions
in such a manner as to cause or result in discrimination
- against any person on account of race, color, religion, sex
or national origin.
5. Contra<,tors and Subcontract.ors Bound. The
affirmative action plan required by these Bid Conditions
shall be deemed a part of the resulting contract specifi-
cations. A successful bidder as to whom these Bid Conditions
are applicable, shall cause the affirmative action plan as
established and approved, to be a part of all subcontracts,
where necessary, regardless of tier, under his contract.
Nc subcontract shall be executed until an autho-- ' -^d repre-
sentative of the Department of Housing & Urban Deve, #t has
determined, in writing, that the affirmative action plan
required by these Bid Conditions, as applicable, has been
incorporated into such subcontract, regardless of tier. Any
subcontract executed without such written approval shall be
void. Any equal employment opportunity submission required
y to be made by the prospective contractor pursuant to these
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Bid Conditions which is material and which will govern the
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contractor 's performance on the project shall be made a
part of his bid. Failure to submit an affirmative action
plan, as required, will render the bid nonresponsive.
6. Compliance and Enforcement. Bidders, con-
tractors and subcontractors are responsible for informing
their subcontractors (regardless of tier) as to their
respective obligations under these Bid Conditions (as
applicable) . Bidders, contractors and subcontractors hereby
agree to refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September
24, 1465, with a contractor debarred from, or who is deter-
mined not to be a "responsible" bidder for, Government
contracts and federally-assisted construction contracts
pursuant to the Executive Order. The bidder, contractor
or subcontractor shall carry out such sanctions and penalties
,or violation of the equal opportunity clause including
suspension, termination and cancellation of existing sub-
contracts as may be imposed or ordered by the administering
agenc} . the contracting agency or the Office of Federal Contract
'ompliance pursuant to t}ie Executive Order. Any bidder,
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contractor or subcontractor who shall fail to carry out
such sanctions and penalties shall be deemed to be in non-
compliance with these Bid Conditions and Executive Order
1L246.
Nothing herein is intended to relieve ,ny contractor
or subcontractor during the term of its contract on *his
project from compliance with Executive Order 11246 and the
Equal Employment Opportunity Clause of its contract, with
respect to matters not covered in the Court' s Orders, the
_. Concent Decree or in these Bid Conditions.
Each agency shall review its contractors ' and sub-
contractors' employment practices during the performance of
the contract. Tn regard to these Bid Conditions, if the
contractor or subcontractor meets its goals or if the con-
tractor or subcontractor can demonstrate that it has made
pevery good faith effort to meet those goals, the contractor
shall be presumed to be in compliance with Executive Order
11246, the implementing regulations and its obligations
under these Bid Conditions and no formal sanctions or pro-
ceedings leading toward sanctions shall be instituted unless
the agency otherwise determines that the contractor or sub-
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contractor is not providing equal employment opportunities.
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In judging whether a contractor or subcontractor has met its
goals, the agency will consider each contractor ' s and sub-
contractor ' s minority manpower utilization and will not take
into consideration the minority manpower utilization of
its suLcontractors. Where the agency finds that the con-
tractor or subcontractor has failed to comply with the
requirements of Executive Order 11246, the implem•�nting
regulations and its obligations under these Bid Conditions,
the agency shall take such action and impose such sanctions
as may be appropriate under the Executive Order and the
regulations. When the agency proceeds with such formal
action, it has the burden of proving that the contractor
has not met the requirements of these Bid Conditions, but
the contractor' s failure to meet his goals, shall shift
to him the requirement to come forward with evidence to
show that he has met the "good faith" requiremp— s -f these
Bid Conditions by instituting at least the Specific Affirma-
tive Action steps listed above and by making every good
faith effort to make those steps work toward the attainment of
its goals .+ithin it6 timetables. Such noncompliance by the
contractor or subcontractor shall to taker: into consideration
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by Federal agencies in determining whether such contractor
or subcontractor can comply with the requirements of
Executive Order 11246 and is therefore a "responsible
prospective contractor" within the meaning of the Federal
procurement regulations.
It shall be no xcuse for a ontractor ' s or iub-
r_ontracLor ' s failure to comply with its obligations under
these Bid Conditions that the union with which _t has a
collective bargaining agreement providing for the exclusive
referral of employees has failed to refer minority employees.
The procedures set forth in these conditions shall
not apply to any contract when the head of �ha contracting
or administering agency determines That such contract is
essential to the national security and that its award without
following such procedures is necessary to the national
Upon making such a determination, the agenc_
head will nc .ifv, in writing, the Director of the Office
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of rederal Contract Compliance within thirty days.
Requests for exemptions from there Bid Conditions
must be made in writing, with justification, to the Director,
Office of Federal Contract Compliance, U. S. Department of
Labor, Washington, 0. C. 20210, and shall be forwarded
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through and with the endorsement of the agency head.
Contractors and subcontractors must keep such records
and file such reports rele ing to the provisions of these
- conditions as shall be required by the contracting or
administering agency or the Office of Federal Cortract
Compliance.
For information of bidders, a copy of the Seattle
Plan may be obtained from the contracting offi.-er.
These Aid Conditions are issued pursuant to Executive
Order 11246 (30 PR '2319, September 28, 1965' Parts it and
III; Executive Order 11375 (32 PR 1430--, October 17, 1967) ;
and 41 CFR Chapter 60.
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DEPARTMENT OF HOU;lNG AND URBAN DEVELOPMF^JI
Reprinted tram Federal Register, 30 F.R. 12319-25
September 28, 1965
Title 3--THE PRESIDENT
Executive Orrier 11246
EQUAL EMPLOYMENT OPPORTUNITY
Under and by virtue of the authority vcited in me as Pmsident of
the United States by the Constitution and statutes of the United
States,it is ordered as follows:
PART I—NONDISCRIMINATION IN GOVERNMENT EMPWYMENT
SzMON 101. It is the policy of the Govemment of 'he United
States to provide equal opportunity in Federal emlloyment for all
qualified persons, to prohibit discrimination in employment because
of racer creed, color, or national origin, and to promote the full
I !izatlon of equal employment,opportunity through a positive, con-
tinuing program in each executive department and agency. The
Policy of equal oppotunity arplies to every aspect of Federal
employment policy and practice
Sze. 102. The head of each executive department and agency shall
establish and maintain a positive program of equal el yment -
opportunity for s11 civilian employyces and applicants for ci . )yment
within his jurisdiction in accordnnce with the policy set forth in
Se^tion 101.
SvA 103.The Civil Service Commission shall supervise and provide
leadership and guidance. in the condue. of equal employment op-
Forprograms for the civilian employees of and applications
for employment within the executive departments and agencies and
shall review apenev pi-(Wan, accomplishments periodically. In order
to facilitate the ac;aevemtnt of a model proggrraxm for equal employ-
MAnt opportunity in the Federal service,the Commission may consult
fromtl tie to time with such individuals, groups, or organizations as
may be of assistance in improving the Federal program and rcllizing
the objectiv^s of this ParL
SEc. 104. The Civil Service Commission shall provide far the
prompt, fair, and impartial consideration of all complaints of dis-
cruninat ion in Federal employment on the basis of race,creed, color,
or national origin. Ptoredurea for the consideration of complaints
shall include att least one impartial review within the executive de- _
partment or agency and shall provide for spleen to the Civil Service
Commission.
SF.c. 105, "le Civil Service Commisb,on shall issue such regula-
tions, orders, and instructions as it deems necessary and apprcpriate
to carry out its responsibilities under this Purt, and the ]lead of (net,executive department and agent;, shall comply with he Iegulations,
orders, and instructions issued fy the Cotrim!ssion under this Part.
PART 11—NONDI6ORIMINATION IN FMI7.OrM' iT n" nVERNWENT
CI4TRAUM114 AND SIUrR'ONTRM."'.
SI'RPART A--nOTIEa or NIF. SElralr:ARY O: R
Szc. 201. The Secretary of i.a,.or shall be c.zlponsibil for the ad-
:ministration of Parts It and III of this Osier and ,hail adopt such
'ales and regu'.ations and issue such or,iers as he deems necessrry and
appropriate to ari.iewe the purpofes thereof.
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• SUBPART B— ONTRAClilxe' A(IREFAISNTa
Sr-e. 202. Except in contracts exempted in accordance with Section
S' 2W of this Orris, all Crovernment contracting agencies Shall include
in every Government contract hereafter entered into the following
4 provisions:
"During the performance of this mniraei, ;he contractor agrees as follows:
'-(1) The contractor will not di, •Iminate arn.iert any employee or applicant
for employment because of race,creed. color, or national origin. The contractor
will take affirmative action to cnanre that applicants are employed• and that
employes are treated during employment, without regard to their race, creed,
color, or national origin. Stich action shall include, but not be limited to the
following: employment. upgrading, demotion, or trumder: recruitment or re-
crmtmenf Advertising: layoff or termination; rater of pay or other forme of
compensation: and selection for training. Including apprentieeship. The con-
tractor agrees to point In conspicuous pine",avnilAAle to employees and applicants
for employment, notics to be provided by the contracting ofliccr setting forth
the provisions of this roudimer omation clause.
•'l21 The conractor will, In all wrlicflations or advPrOmemenls for empoyees
... placed by or on behalf of the Pnntmotor, state that all qualified applicants will
receive consideration nor employment without regard to race. aced, color, or
national origin.
"(3) The contractor will send to enrh labor union or reprIentafive of worker,
with which he has a collective bargaining agreement or other coutruct or under-
standing a notice,to be provided by the agency contracting officer. advixing the
labor union or workerK reprceeutative of the ,om:art.'s commitniento under
.-. Election 202 of Executive Order No. 11216 of Sepfeloher 24, 11W), and shall post
copler of the notlae in conspicuous placts avaliahie to employees and applicants
fur employment.
._ "(4) The conl•aetor will co]nply wlla all pn visions of Executive Order Co.
11246 of Sept.24, 1965, and of the ruler, regulations, and relevant orders of the
Secretary,f fahor.
"(5) The contractor veil furnish all information and reports required by
Ezecutiv, Order No. 1124 of September 24, 19&5, and by wise ruler, regulations.
and orders of the Secretarl of labor.or pursuant thereto,aed will peirtit aces
to his boolu,, records,and a.onr4k by the routra,wing agency and the Secretary,
of IAbor fee purposes of Imeatigation to slur coin -ompila ive with such rul.ro,
regulatmns,and oz derx.
"(6) In the event of the cmtractor'a nmuompllaneP with the onmo', rimination
elauaea of this contract or with any of such rules, regulaHnom, lers, this
contract may he caueetle,l, terminated or suspended in whole o, port and
the contractor may be declared ineligible for further Government ;.mtractn in
accordance with procedures authorized in Executive Order No. 11240; of Split
24, 19&5, aed such other sanction may be Imposed and remedies invoked*us
provided In Executive Order No. 11246 of September 21, 19&i,or by rule, regula-
thm,or order of the Secretary of Labor,or a.otherwise provided by law.
"(7) The contractor will Include the provlAloaa of Paragraphs (1) through (f)
to eve vbcontract or purebam order uules,exempted by rolem, regulatious,or
orders .be Secretary of IAN,r Issued pucensat to Section 204 of Executive
Order No. 11216 of Sept 24, tii6.5, so that such ,mTovWorml will be Nutting upon
each subcontractor or vendor. The contractor wn? take mach action with respect
to any sub•untract or purchase order am the eontixeting agency may direct as
a means of enforcing :inch provisions Including wuw ctionx for nnncomplintice:
Pencilled. however, That In the event the eDutractor em,mex lovmh,d in. or to
threatened with, litigation with a subcontractor or vendor as a remult of such
dlrecttcn by the contracting agency, the contractor and request the United
Stabs to enter into such litigation to protect the interest.of 'he United States."
SEc.201 (a) Fach xintractor having a contract containing the pro-
visions prescribed in Section `�e2 shall file, and shall cause each of his
subcontractors to rile,Compliance Reports with the contractinggency
or the Secretary of Labor as twiny to directed. Compliance ports
shall be filed within such times and shall contain such information as
to the practices policies, programs, and employment policies, pro-
grams, and employment Statistics of the contractor ant each sub-
contractor,and Shall be in such form,as the Secretary of labor inay
prescribe.
(b) Bidders or prospective contractors or subcontract, ; n.ay be
required to state whether they have participated in any pivvious con-
tract subject I the provisions of this Order,or any preceding Similar
Executive order, and in that event to Submit,on behalf of themselves
and their proposed subcontractors,Compliance Reports prior to or as
an initial part of their bid or negotpttion of a contract.
( ,) Whenever the contractor or subcontractor has a collective bar-
Pining agreement or ether contract or understanding with a labor
union or an agency referring workers or providing or supervising
.. *Corrected to read "invoked", In the original text 'he
word "involved" was printed 'n error.
w 2
6
ks
apprenticeship or training for such workers, the Compliance Report
shall include such information as to sveh lalxlr unions or agency's
practices and policies aRectin;, complianee as the Secretary of-Lahrrr
46 may proscribe:Prorillyd,That to the extent suc-h information is within
the exclusive passes:-ion of a labor union or an agrncv referring workers
or providing or supervising apprent irtship or Iraining and such labor
union or agency shall refuse to furnish stwh information to the con-
i trutor, the contractor shall so certify to the contracting agency as
part of its Compliance Report and shall vt f,ath what efforts he has
= made to obtain such information.
(d) The contracting agency or the tie,wni of Labor may direer
that any bidder or prospective contractor or suiH ontrnetnr shall sub-
mit, as part of his Compliance Report,a ytaternent in writ ing,signed
by an authorized officer nr aeent on behnif of any labor onion or any
agency referring worlier<or providing or iipemising apprenticeship
or other training, with which the bidder or Iruspccth,- contractor
deals, with supporting information, to the eirect that ill,, signer's
practices and p lutes do not aisrriminatt on the grounds of race,
color,creed,or natumal origin,and that the signer rnher will aR'ir•tna-
tively cooperate it) III,, implemcntation of the poLc.v and provisions
of this Order or that it c, isenrs and agrees that recruitment,employ-
ment, and the terms and condi!ione of employment under the pro-
posed contract shall be in aeeortbroce a•Ith the purposes and provisions
of the Order. In the event that 16c union,or the agency rhall refuse
to execute such a statement, the C,,cipbance Report shall so certify
and set forth what ell'ntt= hate been made to secure such a statement
and such additional tactual rnnteriui As the contracting agency or the
Secretary of Labor may r.luirt.
Sac,. 204. The Secretary of Labor may,when he deems that special
circumstances in the national interest so require,exempt a entract;ng
af.,ncy frmn the rettuirenient of including any or al: of the provisions
-- of Section 202 of this Order in ary speeilie caw,. 1, subcontract, or
purchase order. The Secretary of Labor finny, by rule or regula-
tion, also exempt certain flaws of (ontracts, ,,ubcofttrlll or par-
'. chase orders (1) whenever work is to'b a or has been performed onside
the Unit d Stat,xi and no recruitment of worker; within the limits
of the United States is Involved; l2) for standard commercial sup-
plies or raw materials; (3) involving less tha❑ specified Ianounts of
money or specified numbers of workers;or (4) to the extent that they
�+ involve subcontracts below a specified tier. The Secrelary of falbor
may also provide, by rule, regulation, or order, far the aeniption
of facilities of a contractor which nre in all resl,ect= t+•i,arate and
diatirlct from activities of the contractor related to the performance
of the contract: Provided.That such an exemption will not interfere
with or impode the eRee(uation of the purposes of thi, Order: And
provided further,That in the absence of such nit exemption all faeih-
ties shall he covered by the provisions of this Order.
&IMPART C—PUwE111i AND DUTIEa OF •1'Itr. ar.CRE! pry I•.' L1nllll AND Tile
WN-MiCIVINU AUr.NCIVII
Site. 205. Each eontraeU agency shall be- primTrily re,poosible
for obtaining compliance wit the rides,regulations,and orders of the
Secret,ry of Labor with respect to contracts entt•r•ed into by such
agar . or its contractors. All co%f ru,•liug agen,•ies Shall con;ply n-ith
the rules of the Secretary of Lala,r in d n is�h!u�jng tbvir pruary
�- responsibility for trcuring ,vanplinm't witn the urri..eos of con-
tracts and oche ivist with the lean, of this Order and cf the rules, {
., regulaa ns, and ordcrn of the F,•cre,,:ry of Lalalr i.+sued pim trout to
this Order. They are directed to ocopvrate with the Secretary of
Labor and to furnish the Secretary of lAnborslteh information and
a%iAlin a as lie ma} rob wire.in the ptrformanoe of his functions tinder
t ,,, this Order. They are urther diricted to appoint or dvsignate, from
among the agency's per�. Innel, eornplintree officers. It shall be the
duty of such others to ,,k oomplmncee with the objectives of this
Orv)er by conferenc, covciliatiou, +.ledintion, m• persuasion.
StA. 206. in) The Secretary of Labor may investigate the: em-
ployment practices of any Government contrw to- or si.&-ontraetor, •�
r
PI
e
N
,i
C
r
or initiate such investigation by the appropriate contracting ,
to determine whether or not the contractual provision, spec
it i Section 202 of this Order have been violated. Such investigation
shall be conducted in accordance with the procedures established by
<< the Secretary of Labor and the investigating agency shall report to
the Secretary of Labor any action taken or recommended.
t (b) The Seerstay of Labor may recokr and investigate or estiae
to be investigated complaints by employees or prospective employees
of a Government contractor or subcoidrai•tor which allege discrimina-
tion contrary to the contractual provisions specified in Section 402
r of this Ordor. If this investigation is conducted for the Secretary
of Labor by a contracting agencyy, that agency shall report. to the
Secretary what action has been ,akeu or is reca—merded with regard
to such complaints.
Sec. 207. The Secretary of La'or shall use his best efforts,directly
and through contra tin;,agencies,other interdsted Federal,Stagy ,e-kd
local agencies,contractors,ane all other available instrumentalities to
cat ae any labor union enlarggeedd in a, k under Govarnment contracts
or any agency reforring wnrken;or providing or supervising appren-
ticeship or training for or in the course of each work to cooperate in
the implementation of the purposes of this Order. The Secretary of
Labor shall, in appropriate ruses, notify the Equal Employment
Opportunity Commission,the Department of Justice, or other appro-
prate Federal agencies whenever it. has reason to believe that tha
._ practicer of any rich labor organization or agency vinlatc Title VI or
Title VII of the Civil Rights Act of 11!G4 or other provision of Fed-
.. eml law.
Snc. 2JR. (a) The Secretary of Labor, or any agency, officer, or
employee it, the executive branch of the Crovinnment designated br
rule regulation, or order of the Se,�retnrv, may hold c:mh hwtring.,,,
-- public or private,as the Secretary may dee'm advisable for compliance,
enforcement,or edueat ional purpose...
(b) The Secretary of Labor may hold,or cause to be held,hearings
in accordanee with Sot+sectiru (a) of this Section prior to imposing,
ordering, or recomme..din,5 the imposition of penalties and sanctions
under this Order. No order fet deba-ment of am contractor from
further Government contracts under Section 209(a)(B) sh..11 be mado
without affc,ding the contmeto�an opportunity for a hearing.
ROnrARa•D-8ANrr1VNe ANDrCNAL-IM
SRc. 209. (a) In accordance with such roles,regulations,or order
as the Secretary of Labor may issue or adopt, the Secretary or thi
appropriate cunt ract ing rgenry may:
(1) Publish, or cause to be published, th., names of contractors or
unions which it has concluded harm complied or!lave failed to comp]y
with the pprovisions of this Order or of the rule, regulations, and
orders of t he Secretary of Labor.
(2) Recommend to the Department of Justice that incases u1
which there is substantial or material violation or the threat of sub-
stantial or material violation of the contractual ppt, .ons set forth
in Section 202 of this Order, tippropriate proeeaiir be brought to
enforce these provisions, ineluding the enjoiningg, wi,hin the limits.
tions of applicable law, of organizations, individuRls, or groups who
prevent directly or indirectly,or seek to prevent directly or indirectly,
compliance with the provisiansof this Order.
(3) Recommend to the Et�ual Employment Opportunity Commis
lion or the Department ci ,'Iosteoe that appropriate, proceedings bo
` instituted under Title V1I o 'lie Civil Iti;hts Act of MR.
(4) F-commend to the Di-partment of Justice that. criminal pro-
coedingi bebrought fo�the f5,rnishingof false information to:.ny con.
_ tracting agency or to die SM retary of Labor as the case mry :e.
(5) Cancel,terminate,suspend, or cuu� hot.rnneell,' ,ernihiated,
or suspended, any contract, i,r any portiwi or po:Kiai therecit, for
failure of the contractor or mibeontrnet .. to comply with the non
_ t
4
i
1.:
to
JIM
.. discrimination prolisiunsot'.hecontract. Contractsmaybecancelled,
4 terminated, or suspended abatlutely or continuance of contracts may
be conditioned upon a profaam for future compliance approved by
the contracting agency.
(6) Provide that any contracting agency shall refrein from enter.
ing into further contracts, or extensions or other modifications of
existing contracts,with any noncomplying contractor, until such con-
tractor has satisfied the Secretary of Iahor that such contractor has
established and will carry out personnel and employment policies in
compliance with the provisions of this Order.
((b) Linder rules and regulations prex•rifhd by the 8*eretary of
labor, each contracting agency shall make reasonable efforts within
A reasonable time limitatiwr to secure compliunro with the contract
provisions of this Order by methods of conference.conciliation,medi-
ation, and ppoenuasion be#ore proceedings shall he instituted under
Subsection (a)(2) of this Sw!tion, or More a ce. set shall be can-
celled or terminated in whicc or in part under Sub. •" i (a)(5) of
this Section for fa:lrre of a contractor or subcontraotur to comply
with the eont-att ?r tt•irionr of this Order.
San 210 k;•} contracting agency taking any action autho0rod by
this S,`j%rt, whether on its owe motion,or as directed by the Secre-
tary of Labor, or wider the rules and regulations of the Secretary,
shall pronueHy notify the Secretary of such action. Whenever the
Secrei.:�, cf l.al.or makes a determination under this Section,he slalh
promptly notify the appropriate contracting agem3' of the action
recommended. The agency shall take such action and shall report
_ the results thereof to the Secretary of Tabor within such time as the
Secretary shall specify.
Sec. 211. If the Secretary shall so direct,cautra^ting agencies shall
not enter into oontrw:ts with any bidder or prospective contractor
unless the bidder or prospective contracto:has satisfactorily complied
with the provisions of this Order or submits a program for compliance
acceptable to the Secretary of Labor or, if the 8ceretary so nuthorizts,
to thecontrarting agency.
Sac. 212. Whenever a contracting agency cancels or tsrnuinates a
_ contra It, or whenever a contractor has been debarred from further
Govern nant contracts, under Section 209(a)(,) because of noncom-
^ pl lBRce wit), D contrac, provisions with regard to nondiscrimination,
the R U7 of IAA--r, or the contracting aget,cy involved, shall
pi rtify he( rptroller General of the ['ntted Sta ,s. Any
all ment mry be rescinded by the Secretory of f.a`,)or or by
the contracting agency which imposed the sanction.
at'aPART F: FRTr Ftf ATFIS eF MEa1T
Sec. 213. The Secretary of Iabor may provide for issuance of a
United States Government Certificate of Merit to employers or labor
unions, or or, .dr mrncies which are or may hereafter be engaged in
work under Government contracts, if the Secretary is satisfied that
the personnel &. employment practienv of the employer, or that. the
on- persnel, training, apprenticeship, membershin, grievance and rep-
resentation, upgrading, and other ppractier,< • txdicies of the labor
union or oter agency conform to tine pur nes a,.d l.rorisions of this
Order.
Src. 214. Any Certificate of Mark may at any rime be suspended
or revoked by the Sr.retary of iabo, if the holder thereof, in the
judgmeat of the Secretary, has failed to comply with the provisions
of this Order.
Sac. 215. The Secretary of Labor may provide for the exemption
of any employer, labor union, or other agencyy from any reporting
requ rements unposed under or pursuant to this Order 'if such em-
plover, 1. bor union, or other as^ney itas been awarded s Certificate
of itf!rit which has not been and or rcvoked.
i�
Pear IIi—Noxnrscatxrxertox Paovratoxe rx lt'anaeetnv Aasrarao
CONRMUCrnON (A)NrrUM ..
Sac. 301. Each executive department and agency which adminis-
ters a program involving Federal financial assistance shall require
as s condition for the approval of any grant,contract.,loan,insurance,
or guerant.o thereunder, which may involve a construction contract,
that the applicant for Federal assistance undertake and agree to
incorporate,or cause to be incorporated,into all construction contracts
paid for in whole or in part with funds obtained from the Federal
Go,•ernment or farrowed �n the credit of the Federal Government
pursuant to such grant, corn ract, loan, insurance, or guarantee, or
undertaken pm,uant to any ZMeral program involving such grant,
contract, loan, insurance, or guarantee, the provisions prescribed for
Government son,ractsbySection202"ofthisOrderorsuchmodification
thereof, preserving in substance the contractor's obligations there- {,
under,as may be approved by the Secretary of Labor, together with
such additional provisions as the Secretary deems appropriate to
establish and protect the interest of the United States in the enforce-
ment of those obligations, Each such applicant shall also undertake
and agree (1) to assiet and cooperate actively with the administering
department or agency and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors wit), those contract
provisions and with the rules, regulations, and relevant orders of the
Secretary, (2) to obtain and to furnish to the administering depart,. ment or agency and to the Sw.retariy of Labor such information as they
a,sy r^yunw for the supervision or such compliant,(,, (3) to carry out
sanctions and penalties for violation of such obligat ions imposed upon
contractors and subcontractors by the Secretary of Labor or the ad-
ministering department or agency pursuant to Part 11, Subpart D,
of this Order, and (4) to refrain from entering into any contract
subject to this Order, or extension or other modification of such a
contract with a contractor uebarred from Government contracts under
Part II,Subpart D,of this Order.
Sac. 302. (a) "Construction contract" as used ;n this Order means
any contract, for the construction, rehabilitation, alteratioret conver-
sion, extension, or repair of buildings, highways, or other improve-
ments to real property,
(b) The provisions of Part II of this Order shall Apply to such
construction contracts, and for purposes of such application the ad
ministering department or agency s,l aft to considered the contracting
agency referred to therein.
(c) The term"applicant"as used in This Order n":ens an applicant
for Federal assistance or, as determined by agency regulation, other
program participant, with resp,ct to whom an ap plication for ary
contract.„rant,contet.loan,insurance,or guarantee is not finally acted upon
prior to the effective date of this 1'nrt, and it includes such an
applicant after he becomes a recipient of such Federal assistance.
Src. 303. (a) Each administering department and agency shall
be responsible for obtaining the compliance of such applicants with
their undertakings under this Order. Each administering depart-
ment and agency is direciwl to cooperate with the. Secretary of Labor,
and to furnish the Secre,ary such information and sssistnnce as he
may require in the performance of his functions under this Order.
(b) In the event an applicant fails and refuses to comply with his
undertakings, the administering department or apney may take any
or a., of the following actions: (1) cancel, termmat^ or suspend ;r.
whole or in part die agreement, contract, or other ammgement with
such applicant with respect to which the faihira and refusal occurred;
(2) refrain from extend r; any further assistance to the applicant
udder the program Tr'... respect to which the failure or refusal
Occurred until satisfa tort' asattrrnce of future compiintee tins been
received from sm�h applicant; and (3) refer r*e case to the Depart-
ment of Justice for appropriate legal proceedings,
* Corrected to read "Section 202". In the erigiral text
"Section 703" was printed in error.
6
i
(e) Any action with respect to an Applicant.pursuant to Subsection
2) shall 6e taken in conformity with Section 1i02 of the Civil Rights
t of 1964 (and the regulations of the adminitlering department or
agency issued thereunder),to the extent applicable. In no ease shall
action be taken with respect to an applicant pursuant to Clause (1)
or (2) of Subsection (b) without notice and opportunity for hearing
before the administcrir. lrpartment or agency.
{� Sro. 304. Any executive department or agency which imptwes by
'{ rule, regulation, or order requirements of nondiscrimination in em-
ployment, other than requirements imposed pnr•suant to this Order,
may delegate to the Secretary of Iallor by agreement suelt respensibili-
ties with respect to compliance standards. re )rts, and procedures as
would tend to bring the administration of Snell nvinirelmnta into con-
formity with the administration of mlinrements inipard under this
! Orden Prol>ided, That A"tions to effect rmuplisties by mcipients of
Federal financicl assistance with requirements 11 isiod pursuant to
Title VI of the Civil Rights Act of 11Mt4 shall be to en in conformity
with 'he procedures and limitations prr�,-crihed in Section 601S thereof
and the regulations of the administering denartmrne or agent 9 issued
thereunder.
PAIrr IF---bfrscrrt,AIMOrs
Sec.401. The Secretary of I ml)or map deleggme to any i lMeer,agency,
or employee in the Executive branch of the Government,any function
or duty of the Secretary under I'arts 11 and III of this Order,except
-. euthnrity to pmnuilgale rules tend mgnlat 1011a Of A general IIaf IIrP,.
Sec. 402. The Secretary of LaN)r shall provide administrative
support for the execution of the pro"ram known as the "Plans for
Progress."
Sec. 403. (a) Executve Orders Nos. 10590 (.January 19, 1955),
10722 (August 5,1957),10925 (1lfarch 6,1961). '1114 (,Iune22,1963),
and 11162 (July 26, 1964),are hereby superseded a A the President's
Committee on Fqual Employment Opportunity established by Ex-
ecutive Order No. 10925 is hereby alohshed. All records and property
in the custody of the Comm itlee shall be t r ansfeered to the Civil Rrry ice
Commission and the Secretary of Labor, mropriatc.
(b) Nothing in this Order shall be d to relieve any perwn of
any ollligation a.oaimed or inlpo.od under ar pursuant. to any Fxecu-
tiva Oyler superseded by this Order. All rules, regulations• orders,
instructions, designations, and other directives issued by the Prwsi-
dent's Committee on Equal Employment Opportunityy and those issued
by the heads of various depnrtments or agencies unticr or pursuant to
any of the Executive orders supersetled by this Order, shall, to the
extent that they arc not inconsistent with this Order, contain in full
force and effect mlless and until revoked or superseded by appropriate
authority. Rsfereu�es in such directives to prvlslons of the super-
seded Order:,shall he deemed to be referomw to the comparable provi-
sionsof this Order.
Si.r.404. The General Services Administration shall take appropri-
ate action to revise the stnndard Go-arnment ,�orfract forms fo accord
with the provisions of this Order and of the rides and regulations of
the Secretary of tabor.
Src. 405. This Order shall Iwcome effective thirty days after the
date of this Order.
i.y NnON il.JOIINAON
TNa Wlrrre Iloust
September 24, IABS.
t
C
r
7 - .
rtr
���aftf�rr
Proposed Making
DEPARTElEEtT OF FOUSING come one of minority that
ltc I, (1) .undThier
e has been altered 8o that ItA:m 111 tmWer
All MUN MR&OPMEN superior" now refersminorities
ti Drovtd op-
'- p SV it!' outside
Misting
for mlesix of
for hewing
ci
outside exkttng 'rreea of minority wn-
Oct . 2, 1971. Federal Homing Administraaon centratlon.'rhe reference to oubstcctially
1 24 CFH Part 2001 rr.N-illy mixed arms, which wa1 previ-
ously item (11 under "adequate." half
jDr ket No.R-1I-rlbl new becotr= Item 12) under "raperlor."
PROJECT S[Lf,CTIi?r' rRiTFArA in the last i"Il under "superior" a
spco.nc reiemac, to tT:ban Hemwel.
Notice of Proposed Rut•: •'akIng Model t79es or,Aer official loc ,i devet-
e,pnxrrt plan has tip n added, alana with
The i.arllose of thew p-oi' s+:d=^+end- a condttlon that the nl,n should not be
carats is to set felt., >rn• t'.drl.4 '»:5- experixvdng deleys In ei,tcutlon.
Wned in the F:c'ahu.t;o:. qi -`,rv::u]541 to III the "Ade tuMe" rating for MInmity
be used by the tk+par!(::nu% ,. L•rn•ir.- +;ctrslul;(T,^.Dattr.:l(tics,there ar.•+ow cx-
trig priority of ftm9ine i,C n lUld r arnpiY of overriding need Wh(c:+Cannot
•^ sections 235(1) and Us of the Nottom1 othervnlfe Imnib.1 be East. These ex-
irlousing Act, rent s;:.v>:e,-it::,L ;:ro.-1'W amplea laslude excessive lam' cost in
and loW-rent hmweg- s1;1te:-r •,4011ty- ofher noceptable locatlaea,other land of
tions under the U...Ii,,..=';+C P.es,A I"". aecr.Dtx.iie east is in arise of minority
on June 24. U71 •36 l+.i>, =3211,the d,neenirstion, and Me residents or
Department pubIlmlita tixsxe ori(,:=''a as prr pectivn recklento of the proposed
a notice of prorc-:I lair to housing have expwetaed is dseire for the
amend Part 211111, Ghcr0i'W .,. 'Title 24 of project to pro built In or rca- an arm of
the Code ;,1 :'+Ctde+1,: T'•tmklrioos, �,=- rr•mrlty,ecmrntratun because the rest-
menus were recev.rl treat WV shed deate have cxro<:g cultnrat, soda] or
persona and Cathdem'Yn;, has ''.sea dumomhe ties to the area. It chino raM
given to each cotnnlett, tied t:+sa an overriding xiccd may not
The IV�,lor clAR94 a In thr pr;Nulid serve rA the basic+for va"atf.quate"rat-
reguiauanr are ldMMI' rl IW)n , but is in, if d1rMmiltwtion rcm!em shin out-
cmuplete review of ail ehsn9w nmuirea side areas of minority concrntratfon
a owdul comtxrrtriat a: the G+(4)o,•al imavailable.
Dubliaited June 24 w:a the 1127,4Ww3 pub- A"poor"will new be given to the rAdi-
llahed be:ow. Liami ini'tance where a proto'ed project
The mmjor arTceial chZ119 lf are: is IllcelY to cause It substt,n Nally VCu111Y
1. The tt,me ry luationi o: r 4,10sts mixed area to become one of mtaorttr
published for tomment or.June 51. ig'ti, concentration.
have been combined onto a single unified 3. Criterion No. 3. Improved finestion
verslon. for Low(er) Income Families, Was pre-
2. "no Pn*rt Seit<tlnr. Crltecta vtously numbered Crite,ioi. Ko. 4. The
apply only to ap`0011*oti for xe�s.?n.' ,c4t.rim has been rrwvordeal to refer to
Involving live orrr7. a 1701109 W.M.ex- talc r.ola;Jve amount of travel time and
cent WhVice a- 1 tines hetMSLg IC Yraa.'d cost t•ieteed of k+rpeelfic.numbers.as In
tinder sr-tlon 23 far n,-_ o :r k—n7, In tha ertterj,sn p:rvi"+tiny pui,liehed.,and
which or 1e the rs:ir'+lL fi V? tit a1:T11- to refe, tin fscilitim and 'fer"Cre found
nations for 25 or mcro rents. to neighborhoods vmels9ng W-Ift of
3. Objectives bave been^tided It m0l tin^ubddfaed ho'astng of r, eunitsr pioe
criterion. rvnae . A;so the word "aeotion" ho;been
4. P-elabilltatlwil In o:och.,',I[Mlimn razed as the reference unit and ddau9d as
ervatim tearing, rerM:m W 1:1 the ptvlect ne'.,ghburhoxt and trite aur-
ho+relna or etcttem 23 IO di JoCWn 1 rounding nalghboriloods.
Iewer than 25 units e_r a,=ellaiei., 4. Criterion No. 4, ftahatlondlip to
5. The priority Flmk�i `.V Into abi^h Orlert„v Community Ormvth and DMI-
propleals are placed hu.a'srn of%o&!�a opment, Which von criterion No. ii, has
from 4 or 5 to g Of g 41tfarnnt (i':::;1w been amPdOeE by adding". Item(1) tin-
dependingonriletherthie nee-.10W.t'a for cicr -,supe!lori` a reference to 00C1a11Y
235 housing or for M• '11%r l!',Y Prop^cia anprovrd land-use or other devdOpmeot
The major charges In arch cri(^rlorr pins, and by adding as ttem (3) Wider
are: "saperior"a reference to Implementation
I. criterion No. 1, Com»nu»:?• V..ed of a policy adopted by the Icent gov-
for Low(er) reenine HodsinK. Ira" be,= brrfli)P body for providing for or-, dis-
:ewordad to specify the ar1P+"11a rf add, pe-rsing i•,onsing for low and moderate In.
such as numtjr of bt l •eon '" r.:fate families. Ref^rence to particips-
two type epeci46 tefc"'; '.;Oil "in an Improvement program for
bit for public hvtsing In" 'lee rx*I,i)anccI0 and to A45 plCnnhpg
and a"poor."is n1iiM.:•.:x '.1: -'.belt ond".The"adequate"rat-
above sJerlhed IYeeia, .a:,beep:re'r•rc+ded to refer to sound
a. Cr!terlan Iio. 2, A::rn=i h pc:tem- although located in a
Opportunities, wla: pr^ =, 1, w n+t1'wbieh does not have o@dlalty
No.3,titled NonetterrT.rrt�r 1 •ed !mA-n+c or other devNupment
in the Instrueticns f,ir • >`-,°.^its+.'t Nv. 5 half b^err rrotttlssl 1
previo• Ay dratted, Ito.. '(e 1 r •• .
the likelihood that sr r=rs. mar.•�•+.>. . ,y�•„ply of r•r•;read Hering to It'-
senrilfikfg,yRlgeiif�es..- ,,
test;
' Physl:pl Pnvii onmen. "nd la: lxen re- ne:t •,i FInu:,,a3 anti Urban Develop- MR assistor,. under the U.S. Housing
j worded to refer to the phy.lcal environ. went,441 Sevendj b<reac GW.,Waehiiez- Act of I PsIT
meet, the ecological and environmental ton, DC 20410, and it Information Ce,:-
impect of the project and the absence tern of the(IUD ne8tonal Olnces. Single §"0.705 Authority.
of adverse environmental Influences on roples of the statement may be purrhared The regulations In this subpart ate
the project. A "poor"rating on this crl- from the National Technical information issued pursuant to section 7�dt of the
lerlun is now disqualifying. Service, U.S. Depstment of Commerce. Department of Hottsu.g ano Urban De-
4 ... 6 Crtlerion No 6, Ability to Perform, Springfield, Va. 22151. Because these velopment P t of 1965. 42 U.S.C. 3535
• which wus Criterion No. 2,Efficient Pm- proposed m0ulatlons were first published (d), section .n5(f) and 236 of ;he Na-
ducllnu, has been reworded so that the in the Fnisxnt RECrtrER for get ral rem. ttonal Hous IF, Act (17. U.S.C. 1715ZW
evnlu.th„n Is made •m the basis of the meat on June 24. 1671. and beeauve of and 1715:,-.,: and the U.S Fouin" Act
Abilit; of the applicant, and stet( he wul the urgency of promulgating these cri of 1937 A42 U.S.C. 1401). They Imple-
-•• ulilw, as(Nmonvtruted by past perform- terfa. the Conned of ETvironziev.tal went Executive Order 11063, 27 P.R.
anre. SWi::c cost numbers have been Quielty has agreed tint the normal 90- 11527; Title V U of the Civil Rights Act
eliminated .Applicants without previous dat 9n-iod !or publishing a draft en. of 1968, 42 U.S.C. IWB; and the Depart.
experience mw I,HA's with no units un- vlron..tented statenxnt may be short. ment of Housing and Urban Develop-
der mannetment may be given an Aped However, all comments received mant reltulaticm approved by the Presi-
�• "Adevlvate or or before November 3. 1971, will be dent under Title VI or the C.vll Rights
7. Criterion No, 7, Project Potential given full consideration. Act of 1964, 42 U.S.C. 2000d-1. ir 24
for Creating Minority Emplo,'ment and The pro,Pwd Subpart N rends As CPR Part 1.
Bu inmr Opportunities, wait titled Em- foaows:
ployment and Utilization of Emplil•ecr• §200.710 Rique6ta for prionry regls-
'- and Bu;orim es .n Project Area. Rifer- $ubport H—Project Seiection Criteria urban, eodt feeeibiiitr, or rmer.
entts M lower income been
dropped
and to the §200.'00 Purpox,-.
v,tion of .tract authority fee
-- project awn have been dropped from this anion 236 pr rent asp Ievhrnt or
Ctiter.nr.and mirnrlt} persona and bust- The he r.r(o t thin subpart is to set s_^rlap 2EG projfor and evaluation
nessc.• Is the Sol, is.deration.A"poor" foed the prrdeet selection(a)D Criteria So be of tang. a:ions far low-rmr tmbhe
ratinv on this criterion Is now dis. r� evtAration ta) reservation
for nouaL�g.
qualt"'171 Prrori,v t(•gisiration and reservation o1 A request for prtarity registration,
B. Cno•ron No.8,Provision for Sound contrast MWOrity for moJerts under early feasibility, oe r,awrva...n of con-
Fuwne. Management, has been revLsld section 2-5ty of the Natl;nal Hin-Aug tract authority for section 235(i), rent
exter.;ively. As now proposed, it. is Art; -; l curio; for early autin feasibility and supplement, or seetton 236 Projects and
rearr..t,% ar ek contrast 6 Oil .I,e for APphcztloni, for low-rent thik ha
adaptca to both 236 and low-rent pro- prplr.as order section a96 ct LLe Act: P' OWIg
orals and refers to program req,ore- (cl re"Wrts tar reservation of contract e'lali b- eveluated one processru :n U.
mer-ts relating to management' euthcriLy fa- rent et VA-tent projects; co.arnce with the following Evaluation
9 Criterion No.9.HonrownerWri.has and (ct t plxxtloms for low-rent hour- of R•yumta:
been eliminated.
It, As part of the unification of the A"lualinn of raghtnt3 for priority regtorAtion, early feasibility, reserv,tlon of contnet
- three forms,references which were in the autbonty fr6etion 23110), rent supplement, Ac tton 236) or evaluation or appuwtioo far
kpw-teat puwtr h.usl ae.
lbw-rent public housing form to wpara- ;1 3'46'1. Q 221lu3 rent supplement ❑ Low-rent pablle bowing G 136 p 236 rent
tOn between categories of lioaslrq ap- eupplenve•nt-
vl!ed for end exceptions to the rating ap,narr:M!p: ❑^rust ❑Nouprodt OLIm.Div, OPubuc
system hs e.been omitted.These matters 7 Pricrit;•legk+n4tien ❑Early fdralanty O ReoervxUat, ❑App,public housing
may be desalt with to related prmessing Appteaat (naaeo ane nddren)______________________________________.
p,ocedures Cemm tract f.Ibm ovaliable)_________________________
Ifecause of these changes, the Depart- DA•o of la:au eppilmucn.....___--------------_________________ _________._-. __--_.._
went dorms It appropriate t0 repub:ish Sdeuif6oa n,...ar uh'xl:efalm/locatloa Of ptofh000d project--------------
-----------------
" thee retnrlations for further comment. geuv n...;.•.,;.Lan ntrmbw___.___________________________________________•_._._.-----
IntereatCd persons are Invited to pertfci- Genera( lartrrcaaas. in evaluating propomla mecti'ma are la) or con dwelling unna
pate in the making of the proposed rule (u or more In t e rsee: of exmung :mrstng feamd under r•ercia 21.0. the rr ar rm,biag
'-- by 6ubmltHnit written dots,. News of otaes'Wvibl;Jnrtadlettcn droll t.N:o mtp Cuaah10TINA n the following aelernon err aria. Rotor
Y by sments with retard to the proposed brief rri r eta,c of way In winch pmlp l mtm w at7 appvc,-,a eom/0arstfon on the
stater rots ith regard tot Should proposed
Imet pmeidef,to that the tactual bile, fat the w Iwdon !e der. Atta^-h supportlug aoeu-
regu at triplicate.Communications
the above should
be mar wtl -.bd akin 6`,at or ahovta If need ett for addit.onal e:rplmatl(n ■valmW Barb
using arlterion t, ,hvehing the appropflatu bo:-Dupperior.Adequate.or Pc� r^dloe guidance In
number and title, with the Ruder Docket arramF taytbg ia-tm,•t ors
Cierk, Office of General Counsel, Room 1. Xrei ferSmlt+) tnr<me aouatap p,lupwim psMgmw p7oor
10256, Department of Homlrr2 and Ur- (a) PtoyuSt l b;,,aln^,ren):ondn to:bn raster of o "lowfeo Itbome pouaeholde to be arrved.
... ban Development. 451 &•varith StrAtt it von at prtco numn-r of txdro,,w ona etru,tum type.............. ......-....._....
SW..Washington, DC 2"•L10. All relevant -----...-------.-------.____.........----------------------------.__.-_---.._....-._.._
material received on or before Notem_ -..-----------_. ..------.-------------------_._-
her 3, 1971.will be coris:demd by the Sec- t bl ;:u„slop; !:•1.:sac tee m e tetoestlon teeouree for famthes dmpla ad or to be chopYsed by
retary before taking action on the pro- axv_•r:u.v-n tr!,•c:' -.?aa5 ere eppl:rant im:lhw faeSarenw to tb,awro dwril6wd-----.__-___
proud. Copies of comments submitted will --. . . ___ ._ --------------- -------..----
..-----------------------____..........
be nvnilable during busme&s hours, I-.oth __.-.__-- - ._.._.. _-- ----- ____________________ ____.........__...-----.-----------
before and after the specified closing ' :r:..,.�,:.,,+•` .1j"11vuias Lieuportot pea rgvata pPoor
daw, at the above audress, for examine- tal rT'4A. r.-Cxttwltlee toe mlecrfttes ix homing outride existing area, of mlaplq
Or,IIee.^.tRaM•_ _ ___ _______________________________________________________________--
tlon by interested persons.
lhursmnt to the Ncabtlal Envlron- ___-_...._...---------------..-.___-_._._.-
.._.-_. .-_. ..._.. .-... _.___ _ ____ _______________________•_-___.._•--_
91-19.1 and t Act. id Ines (Pubdc Law raj "+ a r^"•..�,,, ve',.0„ redo-•• nreit,utd it ummorn , tt the bctttad will have m
91-190, and the Gt l fQ,u.'a�ds of f A Cnur.- w•;+'t.vnt v�.c.:a t:.. p:n; .+�a,n or to:nm!cy ao ttoamtaorlty(•sweeps_____
oil 1 (36 I.'nnment4 as doity to Ar7t E,1.
._. I0L (36 Y.R. 7724), a docwnent cn- - ..-_.... _ _.-._ _. .... _ .- _..____. ._..__
tilled "draft Ir ivironmental Stabmvw, ;c: . ', it - ,.,^ •m•,,but it tv lth+i,to warn the area to line zoo ar.
"nion Proprtrrl HUD Profict &•1e:4 pan of ., _,' •„�• . ,,., . _--.._.---___..___....-.______.
Crltetia f.,r Substdvcd Housing"is heir^ ._ .. . . . -_ -_... __-._-.___________ ____-_____-___._._--__-__..-_
plac"d in the following loeattens wnr.:, - . . .. .._._-................_.___....__.----_-------- -----------
It will be available 'or ire:exhort by °' .,'. .•^ ,.-• .;cu I t '.or^.wf wlO•:,p+'t nr teropo}R•.«.nt
- y r._.:- ^-t .. nkee n.
• '.err Of the yublict Prn!Iram Im- - • ---•-•^-
_... .. .._ ..___..a, .Gan Division. Rom t2J2. DeF+•: ------ ............
` +-�'�wc. +�++d+� tirwserwteurrr.�rrea�rtaw metcwl
•eK11eRaM1AtY'e5VIMeMIW+•e•,. .eeyrm..«.-....:...e. _.
(01
Ao�tyatlon but meet, overri4ing
rhlah e►aaot tnervW teaall:Y be met. (Attack,wpporting doatuaaabt4t.)h..... aeeoa IA1 App1m, - -- :oR.pW!e❑---- -- comply M;h Zq"l Opportunity yuidr:tnb nrd
tequlramentA _________________________........................................
.f. Im AweG toeallon for tw�l of tnrnmt/emNw OSuptt']or ❑Adequate ❑poor-. -. _-ice Applicant to >----- -__-__ ---------
_ -- _-----
_ __--......_. _________________________"__.__
Prop.rerd housing irl:l pt,-vde oppartualtiae for IOW(W) IneO®e MUWIM to fig Ice • �oua eapeflmMOD Q Is an IMA with m Owe, na tK
nalgbbo.-S,wd arh..h ie' atartAVe % ----------------- __--------_-_--__.--___-__-_--_
---
lA) a•Mctbn fh:W mrtetrle ante or no wDldfAW 00 _________________________UYos__________________________ __ _ _ _ _ _
ID) CompanDb la-- --- - r 7' �A� pA4*q t la aeoutp aelaiorftD rneplrywsnt ea6 DuHaeee oppprerauw._.__._.___.__._____.._______________________________ ❑Sttperlor p Aapuate p Pbor
n+khDeenood faatftar aM merriest to nelg%b whoeda On,. (a) PMJabt Will provide ah Opportunity for tebtalmw aag/q empigpMA W mtportty
eleYnQ lritety of oatu4lClood housing of a WMnW p.1a range____________________________ paeAoh
c (c) Aomdit.) - - )-- upp--------- ----- - tnret urns jd opH W maim wuroea d __(ti) ------ Etti poeticty------tw tar-tech---------AoAaaq--------- ymwnitr-
:npioy:aeat.) _________________________________________________________________________ f to auhetO MI&I part ay minority peesctr..___.__-------------------------------------------------------- ______________________._.._____
__•____________________________ ' ._.__ _ _--_____---_-___--___________-_ -___
(d) In Vrb"Eeb•nrnal Ana,Mode:Canes Anna a Ew c,,,,Mlt -•___ _ __._ _ ________._____. .______.___ _._________
_ .
_.. A. equ*w nfor:?und !tor:alnp ntanApement Iaot appDwDL meectlan 7aA) ❑pnpaatr
_...-_. .__........---...---------.__---.------_..---.__.__..___.__._....___._... ._. M Adpua:e ❑poor
... ..__. -----------------------------------_------------_-------- (A) SpOowr and v -&4omeat i-ta are qual:aed r
D W sd.rraD prourh and deaelepment, QsuperbW ❑Adegu►te D Pwr I wlceaee 7 Asaaa'_ab•a1 soe='er.r-nxae;ea:eat r+::'.•:., 1 eaDei'lence rr teaming,sate baro
..• ;...; . .n;wt:.l: .tenfp
• ?t ---------------------
r-..,='.eat v oI oL:orf app ?I lend-ye of Otpr M at an which ero � .------------------------------------------------------------------------------------
r. c so'.^opa:ao uteg:mn: 7)aait________________________ _______________ (b) lee t ny.__ __...��Jt"e__.__pee,_`M�_ _ .. ___ _ _ ___ _ ___. -
_. ._._............................................................... oWziun.. '�NU�a ar4pa�y. Can r:impedaonrroy �ptra�tlN•.�' _ Ya
W admire.
----------_-----------------------------._..Model ------r•a,+araang er;.vra.a rmatAt."prpl�foynSen►nu Pion..... ..... ..—
�s : sdmn-
�.»d A aAighborbacd miOerde'.4 1syA'vor-., t to Drhen TwsAr�, Mode! i ____________________
-y i.-r.a'la:ttee•er Mhm atmiiRi PWara..9Ww.or:oo<I .-...._
_. ._---------.---------- __._._-------------------------_. _.._.__- ' Icl tn. mG:_yaysa ZOWIMoe dptausi for wood tensttt-mAneAamoat nlaiiaEOa'.t.._ . by --.--- !...Min9 perefe. of ocvm.11a.area«mug sty=•r":em:nt a pcflcy adopted grmraY,g P Droeldlny for aaa di,- a...late_
- by tam :gat body tw •-------
.at'. ir.% 3:a-lex. t:,lm�.darwoa-taeame tam Wee-__-_._---________________________ _________„._.._...._•_._ __.___'-'---_.__.._..__._.--_
i '--'------------------ ---__- ------------------
................................................__.-.per..._.. _-__._. .......... smomAtr tr EawrA
ORTlY
7' I a y.,a tt with Pr%Wpima t P M------- Qon-- ao6 d------mot of vl'3t a 1pat]y Priapp Group. upal ra, below
tq+c:;�zl:a-.c:=;'i at de+e4cptnent pyo____________________. __-..� aD�'DpOeel.Ae°Dvh w. •aalarW altte�rtatnomces dr.tl�eayp„dmepr
V6 :`:attora`tp o/.rwpotee Probst to Phprlcal enelrpnet�tt M Euymlor ❑ Ad,mts ged10° Hoot roDplem•DoeLe�er ew--n4c
^. .. AYa:x; .xee'.�e-tt gad faced.ore plapatag+bleb the taofaat etL emJody PA" _ Priority
...._.......______.._______________________ Super_. _. Ea10p
troop Bnprbr cede.. .• aro�p ._
Boprbr Adaga.n Poor
(Dr ECeet ct pn:p xd pro�sat as ecologk.a7 wluatle And uyq;r.real. --------------- y e i 0 1.U B e o
--_-___-----------------------------------_................ ........... a. a f e a 0 e i o
___.._...................__.__._____._..-._._...._.-__._...____._. t C t a o 1 e e r t a:aGrree earltolrmmtel 000diticas,u eq,oa the peopopd pwJrt.___.._..._ l a i i a o i i °
------.-..--.--------.----.-------.--..-------.----- ----'...__- I. 1
-.... e
. . ........ ... ..... . ..... .. -.---_ t ❑❑
g /�Mt9'tr.Lyftrm C rjp?OT!or OAdegtuM aghor Or Y.•Paer nary oo rnt arlyrlor r. C o r e
tl:tee -'
la) SpG`.DDr or hte er"MOOe end neouraeA to proceed pent to ,,,UuCtion end `49.I t2wAs mwt)'a met;atNanbl*to ❑ Itls.Dc:o.>il.A 1,w nay oo ac'l uhwbn.
00114"noU to m e:t. Mot d,cee___________..................... More Prepuabetaabe.alaated wMereaelrrl m•feM!1 not tee etxt
.... .............. yled uure4enpWll AM nr by bn•n .-.-_-_-'___ goopad Mnw.-I aL ie prl40ry IMalibn4ded.send of Wow In pdultY rroupt
.._...p_______________.__.... Hop than b.nn•Let rLLwWd1of tR�°p t.vrd ra oar i'nele ereb Aruy.D,nDore)s rEl l4 order
_____________________________________ _______________ l Cagy
(b) .-o.aalng by been or MU De of good quality.................... ................... of deq of reeu[:o:appJotY,a mitetN br treotal4f.
--------------------_____________ .._____ EtuvatWa i'rppep '
_________________________________.__. .__----_ er
_________________
Ic) BpdIIeOt 4 Han has sel:ly w Drorlda houeYt At or heiew the eAA M wStW
almDr unite d OappereWe quality........................... TN etwa raMr ban been aalaaa with my Wplpral.
___.._ _ -..._-•_
-------------`----------------—----------- ..__ .....per
_________________________________________ 00e Dlrtdm lean pipes, R CidY �acseatar. loan+- :
SAN-1 S-162 11
1"W"VOCTIONe ram IINAtvmrlorr or R.maotele Ali cRequat, rats,g -hr.., be ;Men 1t :he Itrtvpie an expanded range of hOtvtOg oppar-
eta 1"tr-tfrr R&naitamTMN. ■UIs games- PmpA4KI houeng Wl:i l� :,mated W Or near tuturty for lower) mt'amm families: w, 421
an n'T. Rt T,TMK or Cmrrmer AtTeca- An nrAA of mtnariiv •entration but W ;n an wrdereloped wrm, V the eoale of the
of Ind 8e ON=B(tl.Rarer dmerozentrer. u,,00taxy to curt rr.a:r;dIug hopeng needs Pro)ant Will not be such that tt mtabllthw
t r OR 9errnow oyd ftwesere two haouls"i w or Able., cannot othTTNt,. feaalbiy, b r mot In th, easime tef of th, medusa m ow at aYb-
.•,rtICATtoNe Tna low-Par" prerx Nora- tl'at insuatng nrvxer Alm.Ai cb a rl,od could e1dW,ed hmradng:ann. In the Sent CC craw
IN. be-derniout)algid, her exal,pie, by evldenoe 111 :er Idr. (A' the protect re. wW be to
se", General—ytnal femlblllty approval to de- that land UAW for apprupriately Board land tho aav future, acomani, W smdi,ow,,m-
pendant upon a stWfylng all talutPly S-1d in all other acceptable Imattlarle In the hour- tlonol.educatabal,ommermm,em In facA-
adMinittra4ive requlfements which am a Ing market area art trio high W aceommardate IUA, and camp,, and other, municipal
normal pan of prof,Aalng. R,ehabuie-ion sash housing:the orris other acceptable lore- wnvicea that are egui,gent W them, typl-
aw pro)ecu,Indian R.emnatlon housing.aection Ilona ads in P"of the housing market area .:ally found in neighborhoods controlling
dJ6 ,tUtlpg Dousing, m rem:rag of eiiatln8 Wbieh are., ore berorni,ig areas of minority largely of u.euoafdined honking of a UIUI"
215 expiring
under Section 7g o sessO ng of fewer courenttwtlon; or the rvi,•rta o!the project price rang*,and (b) travel time and oars,rW
• then g6 unit, and pmponlilsed cng Of ctl fewer
area lr prospri live reaidenm of the prmymed public trateportatiob or invade auto from
risen 9 of tower than fins (d) dwelling uniW housing have tspreased A daaba for tLe pool- the nelgbborhood W ,mpldyment proriding
are excluded. eft W Inbuilt in or near that area r»raure A range of lobe far low(er) means working
1. Reed for to. income hMusf rag. the,have strong cultural.foelN tlr economf c (excluding elderly) le reasorlhle for aurh
I eed f r t .(VIT) i the propow0 proJecW Ilea to it, A need heated on strong cultural, fornMea !n the metropolit p area or lsewn.
„a wh lob tell best serve LM mat pcoad unhcat amirl I rmucM t ttoo Mould be supported A poor mur•d ahall be gitan a the pro-
needs for beat
for lawmor Income honor- by eltizims partWpation It hotel Mi w pared prole,t le W he laentod 1p a million
.Olds,Imlumn elderly, planning, or reedutiona or other Pvoamunl- characterised ►e. one of oubl4t ed housing.
A suptKx rating elr y, M given W • pro— cation (r9m <ttlrenr• ►+eudittlan.i or other IT If•lie prop(red project wauld mtaallM Sire
p,A a pm, a g -hahestar l for give soil W the broadly mood IAg&botbtwd group.OPPOOUC chi;tear Of the(role,m a.e of vuoaldhood
mat argent b(1) wk neeao of ndeslow w1 Income rlewl should be adcorded full wnddoraUGn. hotunng: nr facllt"m And ,error sle malbie
meehout
W urmt na oumblo �f bedroom All "adegltaW" taking, Mall M Kelm- W the project are Infector W those gene ily
hod lboldsvuluct in larm with due regard for m Panned by Otav Mind ppdlngo beard coon found In neighocraaoda nddeatine la--pWy of
Milo lu lures faro witllew and elderly; or the
relevant motor.aocloewnomlc.and other darts, cntulwtdfead housing of,,hiller price range,
and Inntematiom Supporting both the over- And obera W little likelihood for lmpeMw Mt
m W weblab there W documentrd evldonor rlmag need .,,it the unAVAllaa4lty W s'ter- in the near future; or, tnvol time and acre
that tire housing .e needed W serve forculm new housirg An overriding ruled may not W employment providing a rang of lobe for
dleplaaed car W be displaced by governmental mole m trial bang for an "adini ote^ rating law(w) Income worker, (excluding eldwlyl-
actlon, including tamlllm or Individuals M- if the only resoon the need cannot othtewson will be st.pnclably greater than teat utuelly
Ing ''Wlaeed by N. propneed project. And 1440bly he met Is that discrimination un the required In the metropolitan arm oe town.
Coat the appile- t will give preference W hmle, of Tuft. "lot, Cs, nati anti Ott,•. men- e. Relationship tc orders,
thorn n dtr',aced. 1c P 9 gTow!h end de-
An a,_quaW rating oball be, given to a der, elm WWda ,rem M minnny ail Wean• veObfe.mt.
o Project which rem nda to the tnuuurrati ladle Objective:To,mare Met saecavell growth
haus�aeeedsj of Walter) income households ar ptpr rating atoll M given to any Pre- le And development
elel Amen t pn top re of wdeny agreed
g the p,, , watch drys not m,ttaty any of and developmentroe admen[ of l nd bet
In urea . number of Mdmomr the steade the abort (enditlanv and Chum,,try propnoal and the premature de*miolnnemt tl land be-
tun type, ill due ragred film the recede tiomy t cwbWbiany at ltkeiy Wbea Saber or tote st with rag ally approved
ore mil arla mn•
of large [ami g and elderly.give •lector minority
eft mtrat aim W aileron:* one U pirvdi with rYfi ane. approved loeal w mWtl-
`- A poem rating 1) ll dew given of a pro t1ae 3Imp ooh41 lacatt&tt. jnA cup lrnQ pWns.
project which ,I I dam not mpopd hO the y impm:ed Idcattrm ter lov(ery lnarme A ouhousi rating owiil IDS given o the pro.
boosting rends u row(sT) compsncome ve un. famCle p l: housing: (1) Wf)1 M CoruWbat v11t
holds, or (7} duylictus or compuS un- Ob;evta:e To ovo!d err centers avant- omcWiy approved lend uw or other develop-
re aortably etth other sumldixed projects In dried hmaing in am cas motion of d city or Mont pitiful which sure mWittent with moYo-
„� the was tonality la av:h a troy m to over- metropolitan am. portion Ot reglonW Plari,; or id) will be
hvlld the market. A poor rating shall ado To prorlde Mwer(er) prom*farnLlew with located :n and W nomSeteni wxh plane side
be given (a) W any proposed renal prrlmot opportuoltiel,.for housing in a wide range Of a neighborhood that W lmdar(v>lng tntptowe-
,..., in a Margot Arm, what, reception avahable, laeailam. Mont via Villain Rrru r..1, b&rtlel Olkies,Xwv
for not In froneemoral, standard rental or. To Iowa Sobmldtred homing In neighbor- Oommunitim or ather alm:lar FadowmL*%".
contain, Was exceed d percent for the rent.. brx dg cgnululng facthdm and mrvime that or local program,:no(3) W aarulateat vtth a
-- ale category proposed. or. It Information by are typical at arose found III heghbMbood, policy adopted bT tat kM4•d gommILUS body
rent-sons categry W mot anilaaie. a Par- consisting lore.-es,) of tmaubaldfmd bouetng for prmvlding for ant dWperrong hmWWg for
rent for all rental magr, combined: and of a drMIA,. pr!m range. low-and moderate-Ihall tamilfea,minimally
'-' (b) W Wm unite W any market arm whom To Initiate,tubsldleed hotWlng in arefta Tell- where this policy Implements a mnitljusO
raarpalm &reliable for ml, In nomeafonrl, eopah)y e,AwWb,,W job opporturritim. dlctfatW approach.
_ aWnOW accommodhtlens exceed d percent A enpwtar rating rhau be glean It the Pro- An adegeote rating ehYs be given If the
- In the price-alre (augc-i propmed, or fry pnmd Malt I. W he located In A mrticm project W consWtmt with a locally approved
percent of standard,,let nouetng In all price (arpgleRjpg of the PTOJect neghh„--haad and )and um or pfrel4 ITIOrIt Plans lelthw in tat
mWgonee the NtTalcding nelghixTacud9l that con. abmance of a Metropolitan or "Ono plan
d. Minority bouelag opPcrtYOltin Were little or no tutwidWed hautag and (a) or where the Ideal plain W can;fonalstent with
Objective: To prorld, minority fa illlee the project W. or will be In the pmT tutnn the ntrzopollton ar r,41onal plan).or If It is
with OpPon•.rniLim for b)uking in A wide adcomilble to mock recreatlaral,educational, conmaunt with oound growth pattered, WOO
ro nge of lorations, oanmemcW. health fachltnon and otnI,M, though located rn a c rill armlty that dote not
To open up noMegrogted bouaing oppor• and other mlWripal mtvlCm that am equlm- have omelally approved lard use or other
tunitlm that will contributes W awremMg lent W dr bettor than throe typically found development plena.
the egecW of put housing citaenmmrtlon. 1n no)ghb(whoods a.Meatlng largely of on- A poor rating Mall M gt"T,, Of JW lonativm
-- A rupeftw rating Mall be ginn If th,pro- subeldnxed housing of S SIMUSe afros rang: of the proposed project W InWI4436 ont With
pored PmHct 0, 1. Instated An that within and ID)travel time end Lrat vle Public trans- established omdw plane or Is Contrary W
Me hotdlog market ern. It wells provide op- portatlua or jaunts auto rmom the Nigh- anund growth pattern.
p,:,nnaWels for mlnorltlee for housing nut- barbnnd W AMPjnyment provWing a rouge a( d.Meister•-ahlpotprt>jtnlvdproJtettdpay�-
side.wtlrrg areea of Minority cnnrmtntiuu: Jose fed 1M ltr) income worker, dexclumcg teal environments.
or, l21 will be Initiated mac arse which W tldorlY) to ealTtdwed excellent far such fasal• Objecfne, To provide an attractive and
aubsuatlahy rectally mated and oil the He, In the m,tterpollr,n slew ar tamp A wall planned physical rhv U'anMent.
basis of ration ,,an m OU41UW demographic Superior mule m'ay Woo be given If the lamas- '.
To Prevent any ad.wm t>_.1'att on the tn-
.rinds it appears that the pro)ecl will nave tug W W be located W sec Urban gtamer", .
no significant ag,vt ran the proportion of Nadel(X Ism Arm or a Now r,N m unity and attainment moulting from con.tnrctlon of the
minority W nom-mincelty featured; ne, (3) each hemkiag is required W fulthr, rmlww- hotulng,
Will air lwated in Or ase it an arm of Minority Wreoy. taw Urban tt,'newat pith, prmpns- To Swid else occasional whose envimn-
roncentmetlon,but the location u pan of An hennlvd Oily OarionstmUeoi PriegrMnt, M as Wl 0011111U fit would be dttrimsnttl W
Urbas[hash ell.ar Model"flow Alta,or other Ntw(varmraunity Ore",,,m Irt-t Swan ran^rayvd the 11-cmea Of an otherwde found project.
.Trial local ll."!"Pv 1.1' elan w!t!rh p•rl: ncdc: t!tle YII of ).e liO"ln4f end Ftboh A ahperfor rating abAll be given If the pm-
wtll L•lclul `eliaing which W mPecbd W P, IesMasst Ant of It") paled houetng will epborvL I ooateandlng land
.erle a wide wage of lnmm, lend and A Art:,C,.}n'd:'!nCnV mead big:u,c tea Pm- pronmin, mail mcC Bent nRhtuetpnl treat-
"'pilly avid population IThe Pion ehmnq postal 'I) In haN-le. 4:'rne.1v n I alma A Mont,And will be Hoe from adverse envimn-
eot rurrentiy be trperlepmng 'anuspai do- mean 11 of ,n:ov . c4•S:�:M.1 hollAug if menW Wndtts m , "rural ur man made. i
An, In MMUtirn. am abould t fro al, Ma tl' r::, P�, ,"I <.umg API nW. ,Ones m inmtability. rimaing, mptle lank
Indication that such delays Will be f t. > ia•sc•.:. r•tt...*ec^,'•.ft m oner Inekupe,eewye Mmsm4b:or mudetda;batal-
eumubtwed 1 M n d +rya as Vt, fW &I, W iinti'm, srmok, or cult; exctYiw
k � '
r
e
I
19320
,nLse. vtbnt, ,n. or IaLor aauld cunwmarlfy be recru,ted -
tart' rodent or t+am:n trJ,xlr.euxt. or data- ant bnetrnea onrrerue cuatomarfly contracted
gerous a" hazards: on2 mews ¢Uaet or W, hc.: a minority population so low that It
project will not Impact or diwtipt semagi. %'null be Imponllbie for the applicant to
tally cafuable of unl,ue natursl ,rem auch aehlere A 'AUpera rl or -adequsta- rating.
at wlldltfr Arent, ground water ar enrfaro In such raa,g an "tlequ,te'• rating a,,,I
water Area,,and porklmda be aealgnedl.
An adequate rating shall he given If the e_ lara,Mon tar aound hotaalug manage.
prnpmed project will embody a sound land meet:
use plan and good erchltet't+ttU treatment, Oo)etdiee: To encourage the development
will nag be subject to unrsneonably Adverse 01 xtl-nru'agW Ord malntabufd projects.
envlrnrtmen dal mudltfnn,tb.,t cannot be,Nv. To toner good relatletu bettteeu baron.
reeled and will IIat have au uureaaanably and mamgemeut anG tIle surreundfng
ommuII W vane Impact ran the a glvm if khe W
t, A prxe ratngel,WI be oew i if the proposed Ant erix rating oboe 1V given If the Above,
project will rural r a poor tiro use plan ow d"nit ,r wisp whtah a'fll ha- tat v ea r,jaa
•... pow to ftectvt6l nvtrnnvv, rn wtti be sub- dHmtte pwmiW l.,t aif deln.e lv eappli r+g
Jett to aerobe envcorrected: or tp ubmanl Dnttrarn rwlotremeuia ae delta s PstrLIcA-
whlcn ear
I.T a ably dl nt t�Iohe euMtan- Iac Hnugtta Ye hemildeb Uwuancee diadva-
�' dent to tmrewnnally Avoluatt the ennique jar m-101- ahaa]d he Riven to Oe tow
meet or ecologically valvwl.jr or unions marugelmnl�op.0 relan including
Sata1
naturalareas. lmtW A cocu n e pia plan Including an
d Ability to ltrrfornl. !mttal mallovy plan, ng expense
DCY
Objective: T. pr duve bcb Alt;; promptly mntrvte, rvdfeUa operating expeller aeU-
..- and to provide quxlfty :touring At A reason• nmlate; plane for tlminvtratfoe sad projwt
able eo,t, taking Into strnun- Equal Oppor- mulntenarecr; plane for goad tenant-®bulge-
tuntty guldello¢% and rem.Air e. An ment ra3rtiooahlp and proviUon for ,octal
A superfor rating Afla I b^rl.,n if the ap. aervloas As needed
pllcant.his etaII,or trthtt Aso^ wh!-h be wilt An adnlWfe roUnt %hap be given (1) if
vuttra pocrldmg mnlraeocrN snbmntrne• management of ode propovW praji c Anne
ton, arnhitects, caranitmle. -te I end holp good patenU for atevutu; program requite.
he will receive col::AIWrd +•her, bee Imnta relating fn managrment,or (2) U the
d-nlonstraced ga.tM s1,111ty hl i:w,,. pxrftvm- project to popoaed Ly a local bnutlng au-
once(In elther ebbahl'.:rrl nr )ira:..11.1iacd or thorlty with An lull.,under management but
rnnida tlanslly flnentxi detel: -,rr, to or M. which has sn rtDOersta,ulfu8 of program re.
]sled fleld%1. ber.,d cart ncnva I.. . --we ouch gllreruenta And can tlernptlat,eta adequate
as the following: dal atillty!u .-.•-•m watt plena to meet these r,q,nremavta,
within 1dvgran11 targda dbt'% (t t%b quad. A poor n•'ng s1Wl be gown (1) if iM Alp.
In of hooadng pbdntxd; f-t r.twj,7 to pn:. pllcant In tole pa%t ham m011 Eaeo Wle to
dual houstmif et a otaj. provide --nd )aou•eug InaT+A6e0enR m (1)
until,of e . bet;'.: a:n•,n• if the rnaatagsmrnt of roe paopa.ag pojaat
Comparable Opt gntxgr i•'• ".�.'e doter o,dannest eta Pirmorkiiing
tregtulrAm u.Op(tortgljty yuu:, ...1 Inca n.mm= ¢tmnR�em rot w Ltr by
YDtLinR amenL taemnomm. In fhoee
.pp... An afequar! rxrinR aF.til I, ..t:.,_ A? canoe where th.a is road u%te Art
will V rat. Irer4ts hot rm nod` C,•,. nhvl nc,w but lant Ormeca tratee to re 1-mm
will tt get` red tied r: W wt.. :ervi^e,r ..
end toger;wrt. : i Ye, M�. . , f,n that ;,i elm c!ee lee,]bee gwed.coed Gnso m
'e?^eyo- ...(.:am raCnR ehu.i be gfvan.
able shill',% tn; (Ai A«M -r,•t• ,
d.bW (bl pro,ltici LGttstnf l: n 111tr {iwmag FU;1Yd ve,
(cI produm housing ar a 1 "nA... .us.•: Stcrefmp of Housing a"
c,am_ vdth qualable v slut i rani 1 -:u^n'v Urbdn UlX,[70p111d�t.
with r.n1m Oppprl if g t 1 ,
gutrorwrvou yn the ar c:n "".i Oo!a 71-Ipg6 FIteM PAR-7t'g-M n
out a.
a.er an LA A wtI,
1 ahem nr on ixd V l l
agement, as adequa ., ..
1f that
it will l be u.,,re
conditions.
A poor rraUUR .ehnl:
puaal which aluw
gwtely rtta[Tlrtg rLc
7 Project
employment and
GDjecttoe:To me>.'
r:: :: wan gehattce
21b.,U0111 wrikeri
cilia Owned In Me,—.n'
persona.
A mperinr retire
preal slows gar" ...t.,
applicant's sin-.•xt r'nl' `
avid pas• perfo:v.... .
InR"Iran,and..•:r-
perm:n: ,lied 17) uL';iz I: _
owned.controlled.or
part by tmmMty p'r,
foc:." tra,Ping.
oppmnnlefn 1,
Including bnl n
de,flapment, b..
va,'aeC:nenl.
An adegYur r,
pm.1•vhuIh ryas
Isfying a11a,r of IS,•i
r_ above :at a 'ewp,
A punt ra[n:y At1 s
w1urb )bows 9n naV'.'. 1
of the above o->ndl•'•nr ,. ,
ti
. w „r,•: .,a.i}"L.Y� 'a('..'.adaE.tt'��f.
Proposed. Rule Making
i PART fl—EQUAL EMPLOYMENT Co. (d) •'Compliance Agency" moans •he
DEPARTMENT OF HOUSING AND MRTIINITY TINDER HU9 CON- Agency drsilmated by the Director an a
/ Reorraphical, industry, or other basis too
` TRA,,.o- AND ,ilD ASSISTED CON- conduct compliance reviews and to un-
URBAN DEVELOPMENT STRUCTION CONTRACTS dertake such other responsibilities In con.
1 24 CFR Port 8 1 See nection with the administration of the
ai Pnip)ee. Order as the Director may determine to
I rr)Cket N. R-71-I:Ii n5 Dinnulons. be appropriate. In the absence of such
EQUAL EMPLOYMENT OPPOn.TUNITY a 10 E ianopportunity Clause. will be determined as follows:
Agency
UNDER HUD CONTRACTS AND HUD s.^n Cxemntlons. (1) In the case of a prime contractor
ASSISTED CONSTRUCTION CON- 625 Award of contract, not involved in construction work, the
830 Acirmntivo a¢tloa eompllanrs pro. Compliance Agency will
TRACTS gramR—nnneonatrumton Contrncta. Y be the agency
"- 8.15 Afirmative mtlon compliance Pro- whose contracts with the prime contraC-
Notice of Proposed Rule Mokin crtms-constn�cnon cuntmctn, for have the largest aggrerntc dollar
_ P 8,40 ftc-bld requiremento and amtercnera. valUC;
The Department of Housing and Urban 845 Pnrticlrmtlen In rum.1de equal e:n- (2) In the case of a subcontractor not
Deve'17ttel^9 of the Code of Fpment is nAerrl l?rp ilia& k. the Com-
0,50 Rn ors& and leyment other��required iuty forma ph nnccdAgonc in will be thection y Compliance
Mom to include a new Part 8 entitled 8.55 Coco«Ulnr,ce regeas. Agency of the pl-rie contractor with
._ "Equal Employment Opportunity Snider n.ao corm-unnt procmarm which the subcontractor has the largest
IIUI)C,�ntrnrts and HUD Assisted Con- 8.o ntnnnra and oanctiona. aggregate value Of subcontracts or pm•-
struetion Contracts." The rrotosed 070 Intlmldation and Interference. chase orders for the Perfwmance of werk
amendment, Issued pursuant to 41 Crn 875 is"7 MI tea tttcilltlea cerctner,te. under contracts;
GO-,G(c) and Exrut Iv'e Order No.L1245, 0tro 6tnrivluoim a adverlsen. to for (3l In the case of Is prime contractor
Fgam EmP20'ment Opportunity. o"31 F.R. " floyies. or :gbcc praetor involved In construe-
12310, ester shot procedures for BUDO qo Fnticoa to be posted.f 85 Aema to trued, of empaFavent, lion work, the Compliance F.gency for
adminlstraUcn of the equal employment A05 Pierrun directtves and tnatrurloaa, each construction Project roll be the
opportunity Policy in cases where JiUD n.loo 8.:eegro date. agency providing the largest dollar value
funds are Involved, Aar[lemrr: The rrogslom, tit this Net P for the construction Project,; and
Generally, under the proposed regu- hued under see.201.Exe.nitive ON,, 11246 (4) In the case of a cortractor who is
lations.HUD w0ald adopt the appllcable 30 F.R, 1:'310; and 41 CFR ail-Istc). both a Prima contractor and subcon-
Provisions of 41 CFR Pcrt 60-1 rrormij. §8.1 Purpose, tractor, tile Compliance Agency will be
gated by the Department of Labor.How- ThLs Part pMscdbea standards and pie-
,_- ever, 3n addition, 48:5 /leant o1 non- cedures for the Department of housing
tracts set faith specific steps to Ir tole and Urban Development in the Jmple-
awa]owed f HUD with retract to ex.
- award of construction contracts In ex- mcntation of its responsibilities Its a
calls of $100.000, and nonconstruction compliance agency under Executive
v_ contracts In excess of $50,o00. Also, Order 11246; the tides and regulations -
1 8.35 requires the filing of written af- of the Secretary of Labor codified in 41 -
lirmAtive action compliance pro-rams in CFR Part 60, proscribed thereunder;
eonnestion with construction cont.lacts and other nl!m. orders. Inslivcticirl
of$1 million or more. Section 8.100 sets daatmations.and directives Issued by the
the effective date as 60 days after pub- Gillen of Federal Contract Compliance,
licatfon In the FEVER" REGISTER, appli- Department of Labor.
cable to all contracts which have not §8.5 irelinhiena.
been executed as of that date.
Accordingly. Interested Parsons are (a) "Admintovring agency"Mears any
Invited to partlCipr to In the making of drnrtrtment, agency, and establfstvnent
the proposed rule by submitting u77tten In the Rxecutise Branch of the Clovern-
data, views, or statements with regard meat, including any wholly ow led t`Dy-
totheproposedregulations Communira- crurrent CnrPOrAtiell, which admin ors
_ tions should identify the prophet rule A Program nivolving federally, as,it ted
by the above docket number and should construction contracts,
be filed 1n triplicate with the As ..tent (b) 'Arency" means any contrnctinr,
Secretary for Equal' Ornnitunity, Pe- Or any administering agency of Ule
PArtment of Honing and Urban 6ce0- Government
u opment, Washington, DC 2,t1n, not 'c) "Al`p0cant" means an applicant
later than July 16. 1071. .All r,IL:ant for Pcdernl 111•11tance from the Depart-
material will be can idered before adop• ment ilnol:;ns a constrction contrart,
Lion of It final rule. Copies of comments or other participant in a prorram in-
submitted will be a,'aila- III litre a rnm'tnclmn rontraet as de- ,.`or th be na- a Denartment. '1'tic term� Uon cloning Lusine ; how.. loth be lore termm"d hy: «I!
and after the ,qit,ohed C:, 11,; date, at a!,', inr!ade�;rucll vcrR nn after they be-
the above address cane reciPlents of such Federal assist.
Tile pr'upo'"d rifle is If:u"d pursuant m1CC.
to section 7,d) of the no!,artnlent "f
Ifoluing and ltrb in Development.Act. 42
V.S.C.3536(d,
The Propo- d Part 8 raid:, iu fo!lan-r. Y
Federal Register , 1'nl . 3' Vo. ! t ;' - i'ridny, Junt '1 , 1971 , pp, 1 1 296-1 1 102
1_
el�rrtra.aa..aa.�rratr
r,
PROPOSED RULE MAKING 11297
leterinlm d as if such contractor Is a (p) "Modification"means any altera. tract of Columbia, the Commonwealth
prime contractor only. lion in the terms and conditions of a of Puerto Rico. the Panama Canal Zone.
(c) "Construction work" means the contract, including supplemental agree- and the possessions of the United States.
.construction, rehabilitation, alteration, ments,amendments,and ertervIns• §g,10 Reepon•iLilieiea.
onversion, extension, demolition, or re- (q) "Order" means Parts II, I11. and
)air of buildings, highways, or other IV of Executive Order 11246,dated Sep- (a) General. The Department of
changes or improvements to real prop- tember 24, 1965 (30 F'R. 12319). as Housing and Urban DeVelopment is re
erty,including facilities providing utility amended by Executive Order^,1375 dated sponsn'e for: (1) Implementing the _
,crvices. The term also includes the October 13, 1067 (33 F.R. 14303), and requirci.ents of the order,the"rules and
j supervision,inspection, and other onsite any Executive Order amens' r super- regulations;' OFCC directives and all
functions incidental to the actual con- seding such orders, other rules, regulat'ons, and order
struction. (r) "Person" means any natural per.. issued pursuant then, and(2) obtain-
(f) "Contract" means any Govern- son. ec.poration, partnership, ut»ncor- inP, the compliance of hit contractor for
ment contract or any federally assrsted posted association, State or local Coy- which the Department is the Compliance
construction contract. ernment,and any agency,instrumental- Agency.
(g) "Contractor"means,unless other- ity, or subdivision of such a government. (b) Contract Compliance ODlcer
wise indicated, a prime contractor or 's) "Prime contractor" means any (CCO). The Assistant Secretary for
subcontractor. i on holding a contract, and for the Equal Opportunity has been designated
(till "Department"means the Depart- pul Poses of Subpart 13 (General En- the Contract Compliance Officer (CCO)
ment of Rousing and Urban Dc)clop- `Orcement. Compliance Review, and for the Department by the Secretary (35
meat. Complaint Procedure, of the "riles and F.R. 7138, May 6. 1970). and is respon-
(U "Director" means the Director, lrgulations", any person who has held sible for developing and administering
Once of Federal Contract Compliance, a contract subject to the order. the Department's program under the
V.S. Department of Labor. or any per- It) "Recruiting and training agency" order.
son to whom he delegates authority means any person who refers workers fell General Deputy Contract CompR-
under the regulations of the Secretary to any contractor or subcontractor, or anec OMcer (GDCCO), The Deputy
of Labor. who provides or supervises apprentice- Assistant Secretary, for Equal Oppor-
(j) "Equal opportunity clause" means ship or training for employment by any to, ty his been designated the General
the contract provisions-set forth in contractor or subcontractor. Deputy ^ontratt Compliance Offirer
--11 8.15 (a) or (b), as appropriate. full "Rules, reg-ilations. and relevant (GDCCO) for the Department by the
(it) "Facilities" as used in L 8.75, in. orders" of the Secretary of Labor used Secretary (35 F.R, 7138, May 6, 1970),
eludes, but Is not limited to waiting at pAvagraph (4) of the equal opportu- to assist the Contract Compliance Officer
rooms,work areas,restaurants and other nits clause means rules,regulations,and In the pe-formance of his duties. He Is
eatut^, areas, time clocks, restrooms, relevant orders of the Secretary Of Labor authoriml to exercise the authority
`—wash rooms,locker roams and other stor. or tits designee issued pursuant to tho delegated to the Contract Compliance
age Or dressing areas,parking lots.drink- order. Officer.
,...,:ng fountains, recreation or entertain- (v) `Secretary" means the Secretary (it) Dcputy Contract Compliance OPT-
ment areas, transportation. and housing of Housing and Urban Development. cer (DC(70). Each Assistant Regional
'•,facilities provided for employees. ,w) "Site of construction" means the Administrator for Equal Opportunity
(I` "Federally &%stated construction general physical location of any build- has been designated by the Contract
contract"means any agreement or medi- ing. hirhway, or other change or im- Compliance Officer as Deputy Contract
.-,fleation thereof between any applicant ,provement to real property which 1s Compliance Officer (DCCO) for the
and any person for construction work unuergoing construction, rehabilitation. Region in which he serves. Deputy Con-
which is naid for in whole or in part alteration, conversion, extension, demo. tract Compliance Officers are responsible
wilt: fund,. obtained from the Govern- lition,or repair and any temporary lots- for field administration of programs of
menu or borrowed on the credit of the tion or facility at which a contractor, contract compliance in conformity with
^, Government pursuant to any Federal subcontractor, or other participating directives and guidelines promulgated by
program involving a grant, contract party meets a demand or performs a the Contract Compliance Officer.
,..loan, insurance,or gusrantee,or under- function relating to*he contract or sub- (e) fl^ads of Program Areas.Assistant
taken pursuant to any Federal program contract. Secretaries of the Department who are
Involving such grant, contract, loan, in- (x) '5ubcontract" means any agree- autliorired to extend Federal financial
aurance, or guarantee. Or any applica- ment or arrangement between a con- assistant which involves construction
tion or modification thereof approved tractor and any person (in which the work sha'1 be responsible for eRectuat-
v— by the Department for a grant,contract, Parties do not stand in the relationship ing the Order, "relies and regulations,"
loan, insurance, or guarantor; under of an employer and an employee): OFCC directV..'es, this Part 8, directives
_. which the applicant Itself participates (1) Per the furnishing of supplies or of the Denartment and all other rules,
In the construction work. services or for the use of real or personal regulations. and orders Issued pursuant
(m) "Government" means the Gov- property, including lease arrangements, thereto as they relate to construction
«... ernment of the United States of America. which, in whole or in part, is necessary contracts financially assisted by the
fall "Government Contract" means
to the performance of any one or more Department.
any agreement or modification thereof contracts:or §9.15 Equalopporntaityelmree.
between airy contracting agency and any 12) Under which any portion of the (a) Government conducts. Except ►s
t"" person for the furnishing of supplies or contractor's obligation under any one
services or for the use of real or personal or more contracts is performed, under- opportune provided, ilia following equal
taken or assumed. oPPOrtunity, clause contained in section
property, including lease section
n^ eludes. 202 of the Order shall be Included in
` Services,ns used in .his section tun includes, 'Y) -Subcontractor" moans any Pere each Government contract entered Into
Wit is not limited tr the n, trwua sera- son o holding e a subconitbpart 13 and, for the by the Department fund modification
A" lies: Utility, construction,and
de. f rc,: .cs of Subpart II (General En-
t fare.:mint: Compliance Review, and thereof it not included 1n the original
Lion, research, insurance, and fund not contract):
include. 1) agrmcnt contract does not reiWaComplamt Procedure) of ito has held o nnnn;t the performance at this contract.
parties stand In the relationship or a:n-
suhcontr,Pt subject to the order. The the cnatractor agrees as follows:
w. player and employee. and (2) tederally term "tyrst-lire subcontractor" refers to f1) The employ will not thaant tornaft
%ourwitrartnr holding a subcontract ('('"lust any rat"ofr ce Color.
fed Mr-
asslsted construction Co.. mats. )rith a pane contractor. rloyment 6ecaurd of race,enter,rengbn,ilex.
(o) "hearing circre meant ti.e In- Or nattonol orli;m. Tile contraetot will tits
divalual or boar4 of inditiduals desfg- ti "United :dtates" as wed hereirt onumntivc nation to elllure that applicants
Hated to conduct hearlrigs, shall ineindn the several States,We Dis- are employe(.and the.employees are v.ated
( 4 011TAt IHGIStts, VOL 36, NO. 11S— 11DAY, JUNI It, lent
1. .
'n•.w�yy�,ye.WYlYwMM.,"ab.y- .. ^r--../... .tiim-.n,.a.
e
7
f
_ I1298 PROPOSED RULE MAKING
[... during employment,without regard to t'netr loan, Inssurance, Or fluartultCC Involving graphs (1) through If) In every apbev,-
t race, color, rehglon, set, or national ntiRln. fed.^.rally assisted construction %Mich :s tract or purchase order unless exempted by
Such action shall Include.hilt not be lhniteA
to, rh following: Emplo7�nen t, uPCr rdf n0l exempt to, u rc or Orders am the requirements of the Hes. E'LLatlOna. de of the 6erreiary
_ o nC. or Labor lssued pursuant to section 204 of
demotton,or trnnster,recrultnrent or`ecnitt- equal opportunity clause: Executive Order 11240 of September 24. I955.
ment adventcing; lay'oly or termination; The applioant hereby agrees that It will so that such provisions will be binding upon
rates of pay or other forms of comp•rsatlon; Incorporate cy enure to be Incorporated into each subcontractor or vendor.The contactor
and selection for training,Inch.dmg apprea- any contract for construction work or modl- will take such action with respect to any
tleeship• The contractor Agrees to post In ovation thereof,as defined In the regolstlons subcontract or purchase order ss the Do-
•- compeuous places, available to employees of the Secretary of tabor at 41 CFn Chspf<r parlment may direct as a means of enforcing
and applicants for employment,nmlots to he 60.which to paid for In whole or In part with such provisions. Including sanctions for
provided by the contracting o'ncer setting funds`obtained from the Federal Gnver„. noncompliance: Provided, hoaecer. That In
forth the provitI ms of this nondisetimins- ment or borrowed on the credit of Ole Fed- the event a contractor Lecomes Involved In,
tion clause a yernment pursuant to a grant. edn- or Is threatened with.lltlgetlon with n nnb-
(2) The contractor will,In Ni sollettntfona t:ac 'loan. insurance, of gnnrant", or contractor or vendor as a result of such dl-
t or advertlsements for employers placed by undertaken pursuant to any Federal program rectlon by the Department. the contractor
' or on behalf of the contrnctnn state that involving such grant, contract, loan. Insur• may request the United States to enter Into
all qunifled applicants wli'. receive cauld• ,nee. or guamnttt. the following equal aueh litlgatbn to protect the Interest of the
Station for employment wlthout regard to opportunity clause: Uhlted States.
nee, color, rtitglon, set, or national origin. During the performance of this contract, The applicant further egrets that it will
_ (3) The contractor will send to each labor the contractor agrees as follows: be bound by the above equal opportunity
union or repesentattre of workers with which ill The contractor will not dlacrunbasee clause with respect to Its own employment
he has a collective entraining agreement or against any empl,ee or applicant ter em- pmetices when It rantclpn?i In federal)y
Other contract or understamdo g,a notice to ploy",cnt because of,tee.color,religion,sex, assisted cens-mctloo work;.Prwtdad, That
be provided by the fk:. not an's contract- a nation&? origin. The contractor sell take it the aopl'csnt to ^articipSting is a State
^^ Ing oftleer, adAstng the labor linden or >Nria%tive action to ensure fiat t,p1trarta or local governmrm., the above equal op.
writers' reprr.cntative of illy contractors are employed.and that emp:oyr",^ t trrn:e4 portunity clause .s not applicable to wir
commitments under section-:12 of Exeomllve dvnng emplocment,without for o to their agency. tnetrumenauty or subdfatslon of
Order 11245 of Septenber 24.1965.end shell race, 0010 . re117mrs, sea, or national dorm. such rorernment which does not pntticlpate
past copies of the foltce In consptcti0!1a Such Motion shall InchutP.but not be¢rimed in work on or under the contract.
.- pieces &"Uftbie to eniployr-s and applicants to the frillowbsg: Employment, uprrn.ling, The applicant emotes that It will assist and
fOrempluymebt. demotion. OI transfer; reftnitment or to.
(4) the Ctrtrarter will comply with all cfeltmrot adecrtlsime; lastly Or termmstlem; o ere cre ectlof L bah the Deportment tad
visions of k xetutive Ord^r 11246 Of Sep- rani Of pnv or other forms of aren,creauen; the Secretary contractors of Lahr 1,eDGoub the atm-
ors
•tmber 24, rrG5. And Dt the rules. tegula- And Wootton for tmining,Inchldmg appren- with t df ualop s•td clause tnd the
flora. and rclennt orders of the Secretary tim.hip. 'Me tontractot e,Tees to Pont In with the equal s,and relev clause and the
of Labor. COdSPlcaYa Pieces, available to employees Socrules, ry ofttono,and relevant ofurnrden of the
e and Appllcxmts for emplo D,pnr,m of and
th that secretary wilt Libor the
(ti The torartor sell tarnish all cutive ythenp rouses at Department and ey mayreu re Labor euoh
i-• matron and f Sept required b9 Executive be provided ,saint forth the previsions of Information as the}' may requite for the nr•
Order ]1246 of September 24, 1965. end by this) The contractt r Clause it, pptvlaon Of SUCK compliance;e¢d that It a.li
t,e rules retidnv' ns, anti orders of the /21 The contractor Rilh tri an solicitations otherwise assist the Department In the dia-
Secretary of Labor.or pursuant thtrct4 and a advertisements for employees plaid by or charge of its primary respor A1,111ty for seecr-
caul permit Ar.<esa to his Was.record?.and on behalf of the contractor. state that all
qualified erpllearlM nil-. reeofve torsi i^g compliance.acent.nts by the Deparme It and the Sachs- Thee Meant further Agrees that It sell
tary of Labor for purports of Investigation flea for cmploI sit wlthout re'^ird to nee,
to ascertain compliance with such rulca, tailor,reilglcn. sex.Or national <C1nn. rerrism free, entering Into any contract Ot
43) The mlitranor will semi to each Icy?, contract mtdlerAtlon sub}eet to Exeemtve
regulations.and orders, 1111012 or representative of workers v:th Carder 11246 of September _^4. 3965, with a
(0) In the event of the rnntrmtor's non- wlYch he has A collecUve bargaln:ng agree• cont'r^etor debarred from, or who has nee
m lillance with the n,ndlrenrismAtton meat Or other contract o unuem.tan<tin a demonstrated el:Tblllt7 fir. Government
�•'• r4t" es of thin contract or with Any of such notice td be provided advislnq the siol labor cow.rectt and federally Assisted corStruction
talcs, regulations, a orders, this Contrast salon or wtrkera' representatives or the "'nameta pursuant to the Executive order
may W canceled, terminated Or suspended contractors Commitment under this section, and will carrr out such Sanctions and pro-
in Ahd1e or In part and the contractor may And shell Post Carlos of the notice In con- tiffs for violation of the equal Opportunity
be declared ineligible for lumber Govern- apleuoue places avallable W ion loyres And claitve to may be Imposed unon contractors
ment contracts In asto darico with pence. n, P and sntkOntractOrs b•the E rtmant or the
dures authorized Its Lxacuthe Order 11240 l'P't<a he for employment. y
(41 The Contractor w'"i Comply with all `e�m•D a Of e r s p tsvo Or eo in It. tilb-
aX September 24. 19e5,nor such ethos a'inc- provlSlena of Executive urda 11246 of Scp_ Part D of the I':ecYVte oMer. n addition,
Uses may be Imposed And remrdioa Invoked comber 24.1^65,and of the-ules,regulations, see applicant agroa that It It falls or re-
ad provided in Executive Order 11246 of and relevant Ordc:a Of the 5ccrctary of fuses to comply with there undertakings.the
September 25. 1965, or by rule. regYlstlon, Labor. Department may take any dr all of the tol-
a order of the Secretary of Labor. or m 15) The contractor will furnish nil Infor• lowing Koons: Cancel,terminate.or suspend
ouserwlaa provided by law' manon And reports required by Fxecuti In Abele Or In pan tills grant I contract.loan,
(v) The contr:vetdc will 1p m
-lude the provi• Ord,, 11290 of Septetber 24, ]E65, and D Insurnree, %amr!"): refram from extend•
subcontract or p:trchasit to the Arst"[Want
Sachs of pwagplus(1) order(unless everye itLLcs. regulations, and orders OS the Seers- U„der the sayunjr,ngrarn"inr"pleat ce to watch the
ere ted b Stirs,regidations,i r orders of the Lary of Labor' or Ptlnuant therein. and Am failure of chisel Occurred until aatW:retOty
secretary of Labor nailed purinant tO ftrzt on permit access to his books, records,end me. assitranc„of future compliance ban been te-
cmmia,by the Department and the Secro:nty celved from such applicant; and refer ine
201 of Executive Order 31210 tit September 1f. Pp
19(Al,so that such provisions will be boiling of Labor for purposes of Invratlratlou to rase to the Department of yu, far npneo-
apat each Subcontractor M vendor. The asoertnln compliance with Such rules, regu• Printo I tml procerdrogs
contractor will take such action With respect lattena, And Orders.
to Any sub.^0111.ract of purchase Order N the (0) 2="the event Of the contractor's non- (c) Subcontracts. EAth t rcnexempt
Dep.VlID y'ent may direct ao A menu, of ell. COmpilanoe with the aoadtactlminatiol prime contr'SCtar or subcOn.ri etor shall _
fmcing aueh provision tneloding "notion$ ctawoa of this rdntnet or with any' or the inih!de the equal opportuuirc clause in -
for noncompliance' Prot4ded. Plasterer.That stint rides. reg4lAuons, or orders, tills cola- each of its nonexempt subcontracts.
In the event the r(,ntmetor bvnwmCa Involved tract may DO cancelled, tarydr.aled, cr sus-
In, a Is threaten„d with, ❑ inima with a pentled lnwhote ar tupartand thectntl:Clot td) Incorporation by ref,;-emcc. The
subcnninotor a vendor a a result ol anch may be aeemred melirible for further rov- equal opportunity clause mnv Ixy InCano-
mrcotion by the Department,the contranor crnme¢t e,mtrneta or federally nsr'ored ratio by reference in Gis.,,mrnent bills
Inv request the Qmted States to enter Into conetntu"rot contrncts In accordance rgth at lading. tr asp ortatiao H^,ueat9, tan-
Such Itngattori to protect the tntttetta of Pro,Mitten Auth•rt-ed Ica £xeanlre Order t.'eets for dolnsit of Gov'rinnent funds,
the United Sates. I I'V 1 of C),,ntemPrt 2k less.0I by nl!e,mgu• CnntitlCffi for. L59111n3 aqd pY}'iTlg U.D.
Intlors, or Orden cl Clan Secretary of labor, savings bonds and dote^. ortateaets find
(b) Federally assisted eonstrttctim or as etherwisr provided by law, subcontracts less than 240.0tM d ch
Contracts. Ehcr pt ge olhrren s, prmvidM, (41 The co antler will Include the par- an su
the following lancnnge shall be inehided tion of tho sentcnc+ beamrdfattly ptteed(rlr other contracts as the D..rpctor may -
as a Condition of any grant, contract, parxgtsph (t) And t"ta pr,vleldns of pen• dCUgnate.
M
y[O[RAI KaKTFR VfA. 76, NO. 117-iginAY, JUKE 11, HT
r
' a
3at�4R1�7M
•i
A
r
`ROPOSED RULE MAKING JIM
(e) Incorporation by operation of the srdivision of s ch rmernment which feror, or applicant of any deflcitmcfes
order and departmental reputations. 13y doe. •lot partteiparc in nmk on or under found to exists by the Contract Com Ili-
operation of the order,the Mu'ii oppor- the mnirret or suhrO:Itract.In ndd!tivn, once Officer or appropriate Deputy, and
tunny clause shell he considenvd W be .teed e.A lord r•ovrr-+mrnir.err exenipt 12, der,et any bidder, offeror, or ap!li-
a part of every contract and suhcontrn f^ .: t is r,rr..roc• , . o' filmy, the an- rant -) notifie^1 to negotiate with the
required by the order, the 'rules and nuai ,.;m;•tu:mra rnpert provident for by Contract Compliance Officer and to take
regulations"and these regulations to In- 1&50 and mamlalMng it written nfTirma- such actions ns the Contract Compliance
elude such a clause whether or not it is five action complienre program pre. Officer may require.
physically incorporated 1n such con. scribed i:i;18.20 and°.:15. 'tit The award of any such contract
tracts.Tile clause is applicable to every (b) .Spenfic contracts and facilities not rhill lye conditioned upon the Contract
nonexempt contract where there n rn rme•ru' ; is (. (rr;•rout.,.Tire �ua! :"- Con":,nee Officer's notification to the
written contract between the Lk•part- rnnnr:,y r1li-e .%al not be rt•['.orut ,o Cor7art!m. OTicier or Approving Officer
meet and the contractor. be ra breed iu a•iv rcntr:^t or sib- th^' the hider offeror.Or applicant has _
If I Adaptation of Ianquaye.Stich nrc- contr.wt eremptt If by tt,,DlrrxtOr updr- trkcn artm-i or has agreed W take action
e•r.ary cbnuges in L r!j,a^e may re mad,- the p:ovis,�ns of 41 C?It VI-1.5(bo (1, �-.t,sfnctor) V, the Contract Compliance
tit the equal opporturu+ luu.•e, ;s shall or 12, provided Eurh c%ernption has not Oil car, Appropriate Deputy, or tie head
be appropriate to •tvntify 3rp,o-!y the been withdrawn under the provisions Of of the a.eucy as protuled in 5 8.55(a I-
-- parti(s and their cod,,taking:. 41 CPR 60-1,5(d). !kny sip), arrcement to take notion r:roll
§R.20 Exemption., (c) National security. Any require- ro staW ill the contract.if the Contract
ment net forth In the regui,tions in thin -umpiiancv Officer so requires.
(a) Gcneral—il) Trnnsactfons of part shall not apply to any cataract or ,et In Pi eerie,ofnonconstruction con- -
$10.000 or under.Contracts and suboou- subcontract whenever the bmr(tary.de- 'nits, all Contracting Offlcers shall:
- tracts not exceeding $IC boo, oriivt Lima t,rnuncs .not such connect or gotten. 11) N,`,fy the Contract Compliance <
Government bills of tadmg, art• eat opt tact i•,a:-rntial to the nnb!cr.a' security '.,9cer a, awn as practicable of the fin.
train the rcquircnen(s ..f the dual op- and that it; awe.rd y:ithou' complying -indrng award of each nonexempt cart-
portunity clause.I l drt Henn'.!.,; the ap- with such requirement is necessary to rcestnrct'on Governmentrontruetin ex-
_ plicability of this exemption ,r• imy led- the nnnonal srcunty.Upon making such '=rFs of$•,AC 1, the name and address of
eprily misted torsiraction c(ntratt. Or ad(teirniratiou,the Secretary will Anti,% "c pear, ( tractor. anticipated tine
subcontract thereunder. the rmount of the Director lit writint; w•1tnin 30 days. ,.f nerfor.na.ncc, name a•,d address tf
- such contract orsluxontract,::ther than ash knn' r spbcontraehir end whether
the amount of the Fed,ral f nanelal as- d'2' .4w^rJ of eontraea• ,tie print,^ ,,tractor and known suhron-
atstancer shill gotten. The Department, (a) All Contracting On-prs and all -actors h•ve:
applicants, eontrattorr aad s_bcortrne- oftice,R who Appetite al,n;le2•rons r^r ,I, Pa -,.,I,:ted in env previous ,•on-
_ tots shall not Procure sumorer; or strv- Federal financial assistnrc: tn:oh,o¢ .,. bast of 1',,,171•ntract su`rlect to the equal
- Ices`n less than usual quantities tt t-:Old ransttri tion contract, shl , pi ar to Ap- I., iorttin,' ;must;
applicability of tie equal onp0*.an!tY uroval follow eithtr of tie ,-roerell:er ,0) F.(^ -nth the Joint Reporting
clause. in subparngraphs (11 of (2, of rota .^ommitt( lit Director, An agency or
(2) Contracts and subcontrdris for in- psi an aph: the I.'o•-ii Employment Opporturity
definite quantities.Wi'.h rep. eCt to con- (1) Notify the Contract Compliance Commssf , all repots Out tinder the
- tracts and subcontracts for indeflnite Officer or i. )prOprrate Deputy as soon as t,pplicabl, ., ;-is requircm^ntsl And
quantities Oncludin!:,but not hm fed tq practicable of the Impn-dirr a>erd of (tit, l,t- I pcd ar t i,,ve rn file at
-" Open-end contracts, rrtuironre•,t-type each nonexempt contitltlgtion contract ,ach est.i .anent ,.?irriative action
contracts, Federal Supply Schedule con- in oceans o' $100.000, the name and ad- prCgrams t• •s,.ant to Fa t 60-2 of the
tracts, "call-type" contracts, and nor- (Ir+_::s of the prime contractor, antic!- "I ales a.id regnlationsl' -
chase notice agreements). the equal op- patcd time of berformance, name end (21 V • !untract Co-npliance Officer
porlunity clause shall be intluu.d un- Address of each known svne ntiector rha;l not- vtneCompltenceAgercyrdcs-
less the purchaser has reason to 'elieve .end whether the prime cout.notor and b•nated r :nn^nt to the 9-rector's Crd•ar
that the amount to to nrdered in any known subcontractors have: 'to, 1 an, li --R 60-1 c(A)) of ti,• im-
-- year under such contract 811 not exceed (1) Participated In env p evioUS con- ending t .+ard of eacl contract cov-
S10,000. The applicability of the equ:el tract subject to the squat Opportunity ed by bobpnrairreph (1) of this
opportunity clause shalt be determined clause, and migr'ar t I aced upon tie inforrntion
by the purchaser at the t.me of vv.rrd for •nil Filed with the Joint Report;n; .rrushc.'i^the Complfattis Agent•',the
the first year. and annually thereafter Committee, the Director, an agenov. or ,(ntrar "or ipliance O'9^:+shall adrise
for succeeding years, if any Noterith- the Equal Ylmploymrat Opporut rity .-•t Conti.,cting Officer to take su:!u ac-
standingtheaboec,theclual -,,rprrtnc- C(mm.!Fstrn all reports doe under the :on with,lrpart to the ime±nding•:%viLrd
ity clause shall be ap1113d to surh con- applicable filing requirements. s May I., sp•ropiriat! pursuant -- the
trrct whenever the amirnt Cf a ar,tale (2', Canute a Ist (supplied by the .,des, reg•ihit-ons, and relemnt rMeri
order exceeds iil,)eu0. Oilgq the e•unl Con!.r.;ct Compiia.lre Oftic.r) of coil. ithe Se-ii aryof Later and this PAg8.
opportunity laws is aetenoir,d to be trAr•.mrs why have previously been fot.r'.d 'f) Thl invitation • bids to- (ach
applicable.the contract shaJl ca bout to to Ic in noncoroplran to with count np- ale:rnl15' ?d-erti8ce nonrtnst-i-lion
be subject W such cline a fer it: duratibrl, port"%ity rrqutrnnrnts Li the event of oatr^et, ! ail fool title a notice• arv: De-
regardless of the amt,mts c:::,rid.. or tin F,un,•nding award W 4••1- rontrr et or -.Artment •'ea.tls shall sti,te at the out-
reasonably expected to oe orde,ed in try inn lush list, the Carter,. Cruirdnnre ,.et of peg.-rtions for esrh nekotmted
year. officer or oppropriat d e I epul, shr. he e,,trsct. ,.,;+i if tree au'arn. oho,;i let,
(3) Work out,,!: the Untca stntss, ed1V,-I and I.Le pioredures of perm- should ex t, 1 the Arno„it of$1 milhon,
Contracts and subcontrnets .ire exempt groph (b), to), and (d) of this scct.an theprosp, '!,vr eontrae,or and his It mown
from the requirenicien of the ritual op- shall to followed. fir;.-tier � a cOrdrauf,rs with sup.^.on-
portunity clan a will, mrar-: to work 11)) Thr Contra,-t Compliance Officer tracts of Sl mil:ini or mat %ill he sub-
pet forencill outside the Ur Ala rtates by or appropriate Del::sty shall tevtew the sect to a r .rpliancie review befo!c the
employees who were u:t rMi eltr-e wittdn avalrbtn Information rrL;tirc to the Awnrd of 'I„i -n.airr ct.No such contract
the United States. pro pvctive prin(e cortr.,.cter's equal tip- snail be ax•cr(.ed unless a Mes%ard cnm-
- " (4) contracts 1„:h sn,A:to l„cyl 0eo- l--rtmnty colnplintice .^•!q!74 and not'Cy pl:auro n"cw of tiro t•r,spertive con-
ernments Tlie rrquiremenm at the equal tire Ct ntratttor OCicei or APptm•mr,("If. n;ator, sr.d his kr.cwn 9rst-laer E1
opportunity Cleo a in an,- contract or flew of ani doticirncirs found to rsi7A, r,Illh,:n sW-ontractor, has been con.
suar ntreet with n State or lorel f worn- A copy Of ttrCll r('uo t shall be for i-Arded durte j by is Vicephi nt:Agency within
Mont for any arruicy. Inc trumentidity or to the Director. 1'! month: I.r:nr to the award. 1' an
subdivision then.,,') il:nit t,ot he Anpltr i- it• Cont, it tog Of li,ers re Appri,ving --Sonny c!'r,r tit;rl t.te Deportment„1 the -
!tie to Ally agency, in'.r,::nc,t.: :AY or OfTicra shell: (Ii Notify the 1,11(ler, If- C mpLnr ie.Agency.tre rleparttncrit will
KDERAt 2FUISLIR, Vert, 36, NO, Ili—WHAT, JUNL 41, 1971 �
.. �..r....-«+rnw.r•.-.,-•+r,o.Mw+,r.rwrn.rar�'.:aY+uNer„+Wfa:i,,,aF 40t1`.CKt-.r.:,.rt.,nr - C
. ",AWRYRIAA11,IaRHa1RN1.Ykii290Ya r.'.Ria�%`Y.'Yrresw .year •^?+n Fii�rS-MMf'^v.:• e< w;.l •• c¢+m-F.+Y�,.'wo-.r;=:. m-- . .. ':. •'. . - ', �., r:....g ,gFt.+Y.
'e
I
]�3Qp PROPOSED RULE MAKING
notify the Compliance Agency and re- (b) Whenever the submts•ion of a the date of the award. Subsequent re-
quest appropriate action and findings in written affirmative notion fl.ogram Is re- ports shall be submitted annually in ac.
_ accordance with this paragraph.In order ouired before the Award of a contract• cordnnce with subparagraph (1) of this
to qualify for the award of a contract, definite minimum stir%dirds for such paragraph,or at,such other intervals a-
r a contractor and such first-tter subcon- proz+Am shall be me,-(v,rated in the bill the CCO or the Dirrcior may require.
tractors must be found to be. in compli- Invitations or requee's:or proposal issued The Department, with the Approval of
t ance pursuant to Part 60-2 c I the"rulci in connection will- such contracts. the Director, may extend the time for
_ and regulations." (c) When th• Director or CCO so re- Ling any report.
(g)A preaward compllancc review may quires• a prebi I conference will be held (3) The Dimetor,the CCO,or the sti-
be conducted prior to award of contracts 1n which LP a minimum standards for pticant,on hie own motion,may require
in any case where. the CCO has reason- Affirmative Option will be explained to a prime crntrerat ^r subcontracts. to
able ctminds, based on a complaint, the those in .d.ndance. All known pro:pec- keep employment or other records and
7Department's own Investigation, or Lice hiP ie s will be notified of the date. to furnish.in the form requested,within
otherwise. is belicue that the contractor time.*At place of the prebid conference. reasonable Emits, such information As
or subcontractor Is unable or unwilling (d. ],ids which fail to meet the stand- the Director,CCO or the applicant deems
W comply with the requirements of the tire., prescribed shall be deemed nonre- necessary for the administration of the
equal opportunity clause. (Such reviews snon.ave and will not be considered for order.
are In addition to those requiral pur- award, (4) Failure to file timely,complete and
suant to paragraph (f) of this section.) accurate reports As required constitutes
§G.15 Partiripadon In areawide rq,ial noncompliance with the prime contrac-
§8.30 Affirmative action compliance emptu)mcnt opportunity pi•nevanis• tors or sub rontraetor's obligation under
programs—nonconstruclion can. Any contractor who is a par0clpant the equal opportunity clause and is
aracnv, in or Is a member of an organization or grounds for the imposition by the De.
Order No.4 (41 CPR Pert 60-21,Issued psseciahon which participates In. in partment. the Director, an applicant.
by the Secretary of Labor.sett Ili re- ,.e, .,;I 1._.7 .,,. 1 .. '•'1- 1'r: ne con': ctc:^rs^*r^ntra^.We.,dray
qulrements for the derv"t. : .t o: c. .in ^b . :r pro d 1,v Ir• ) :,rhons its author`r•c by the orde: r't-I
.� affi.mative action rompi.m.c, .: 'arm, ,%rli Font-..r,,, t' e n...r ..f i ;Ir•. ..,. the "rules and regulations:' Aiiv r i
far ronconstructiou eontraca,:,n. tiiict Compharie for the purpose of 3f- failure shall be report-. 'r r,-iting to
§8.35 ARrnotire action .ompli,,nee fecturiting the goals of Executive Order the Director by the CCO as soon as prnc-
Programs—construction miuracis. 11246•may be deemed W be in compliance Ucab.e after It occur&
of prper¢ms. The with the order by vn'tue of such par- (b) Requirements for bidders or pro.
(a) Requirements
. Department or applicant instl he ticipation and shall be exempt fray, the spective tozhactrns—(1> Prectovs re-
r.,,quixement of developing and main- Torts. Each bidder or prosDecttve prime
._ quire each Federal or federally assisted taininq a wriuten Affirmative action pi i- e.ontractor and proposed subcontractor.
construction prune contractor on pro)- gram, unless required W do so nne_:r where appropriate, shall state In the
nets costing $1 mullion or :nor^. regard- the arcawide equal employment op- bid or In writing at the outset of nego-
-r,', less of the number of employees, and portunity program, tiations for the contract: 0) Whether it '
• each Federal or federally assisted ror- has developed and has on five at each
struetion prime contractor find subcon- §8.50 Re• Orin an,' other required in' estaliLshment affirmative action pro-
tractor shall require each subcontractor Iormaiion. grams pursuant to 41 CPR Part 60-2:
r on projects costing $1 million or more (a) Requirements for Prime contras- (if) whether it has participated In any
with a subcontract of $100,000 or more, fors and subcontractors. t1) Each par - previous contract or subcontract subject
regardless of the number of employees,to contractor shall Ew.e,ant each prime ron- to the equal opportunity clause and (Ili)
r'•• develop a written affirmative action com- tractor and subcontrncte^shall cause its If so,whether it has filed with the Joint
pllanceproaram, subcontractors to file annually, on or, Reporting committee, the Director, in
r•., b) Purioses. The purposes of the before the 31st day of ?.larch, complete agency. or the Equal Employment Cp-
written nffiamative action program are: and accurate reports on Standard Foram portunity Commission W reports due
(1) To Identify areas of employment, 100 tFECi-l) promuUgated jointly by the under the applicable filing requirements.
employment Policies and practices which Office of Federal Contract Compliance. (2) Additfonal fnforrnntion. A bidder
require action by the contractor or sub- the Fivai Employment Opportnnily or prospective prime contract^r or pro-
contractor to enure equal employment Commission and Plans for Proeress or posed subcontractor shall be required W
opportunity W all employees and appli- such form As may hereafter be prontul- submit sues Information,as the CCO,the
cants for employment wi„hout regard to gated in its place if such prime con- Dep!i.y CCO, or the Director requests
race, color, religion, sex, or national tractor or subcontractor 0) is not exempt prier w the Award of the contmetorsub-
origin, from the provisions of the "rules rid contract.When a determination his been
(2) Ti analyze these areas, policies. regulations"in accordance with 41 CFR made W award the contract or subcon-
and pmc-,.ices to determine what actions s0-1.5: (It) has 100 or more emptoveec; tract to a specific contractor,such con-
by the contractor or zubcontractor win till) is a prime contractor or first-tier tractor shall be required,prior to award,
be most effective in, Assuring equal subcontractor:and(IV) has a nonexempt or after the award• or both, W furnish
oppirturilty;and contract, subcontract or purchase order, such other information as the Depart-
(3) To establish a plan to achieve em- serves as a depository of Government ment, the applicant, or the Director
pioyment Opportunity throw;h those no. funds,or is a financlal institution which requests.
lions identified as potentially most is an Issuing and paying agent for V.S. (c) Vve of reports. Reports filed ppo-
effective. savings bonds and savings notes: Pro- suant W this section shall be used only
ridrd,That any subcontractor below the in connection with the administration
§8A0 Prehid regnirrmeta• and roufrr• Ilist tier which performs constructton of the order and the Civil Rights Art of
corm. work shall be required to file such a re- 1964, or in furtherance of the purposes
(a) In any area or for any clnss of port if it meets requirements of subdivi- of the order anJ said Act.
contract.,, desl:mated by the Director. or lions ti), (W, And (Iv) of this sub- i
§8.55 Compliance re.ierrs.
by the CCO, no bid invitatiol6 will be paragraph.
Issued for any Federal or federalIV As. (2) Each person required by,subpara- (A) General. The purpose of a com-
`..i ststtd construction contract uulc�s such graph lit of this Paragraph to submit phance review Is W determine It the
bid mvitatM:r contains definite minunum reports :hrdl file such A report with the prime contractor or subcontractor main.
standards for affirmative action and A D.nnrtment within 30 days after the Islas nondireriminatory hiring and em-
statement that contractors mud subcon- Award to tam of a contract or r-ubcon- ployment prncticeaand Istakingamrma-
trn torsvinstme((tsuch minit.-imstand- tract, linters such Person tins submitted five Action to omsure that Applicants are
w' ,t
44 arils In le ellgitle for award, such a report within 12 mmnhs precrding employ'c•1 And that employees are placed.
W fEDtRAt 01011TER, VOL 36. NO, Ili—FAmAv, sUN6 It, 19T1
r
PROPOSED RULE MAKING 11301
trained,upgraded,promoted, and other- eluding any corrective action taken or may Include the holding of a compliance
wise treated during employment without recommended and any sanctions or pen- conference. F.aet, prime contractor and
regard to race, color, religion, sex, or alties imposed or recommended. subcontractor stall be advised that the
national origin.It shall consist of a cam- 4 0.60 Cumpl.int procedure• resolution Is subject tq review by the Dt-
girehens1ve analysis and evaluation of rector, and ma.y be disapproved It he
each aspect of the aforementioned prat- (a) Who may Ate complaints. Any determines that such resolution Is not
tices, policies, and conditions resulting employee of any contractor or applicant sufficient to achieve compliance.
therefrom. Where necessary', recom- for employment with such contractor (3) Where any complaint investige-
mendations for appropriate sanctions may,by himself or by ari authorized rep- Lion or complinnce review Indicates a
shall be made. Where deficiencies are resertative, file in writing a complaint violation of the equal opportunity clause
found to exist, reasonable efforts shall of alleged discrimination in violation of and the matter has not been rmlived by
be mac± to secure compliance through the equal opportunity clause.Such tom- thformal means, the CCO with the ap-
conciliation and persuasion. Before the days from the filed date of la alleged er than 180 proval of the Director shall afford the
contractor can tie found to be in com- cont-actor an opportunity for a hearing.
pliance with the order, it roust make a crrmination.unless the time for filing is If the final dc%ion reached In accord- '
specific commitment, in writing, to cor- extended by the CCO or the Director ante with the provisions of I WI.26 of
feet any such deficiencies. The commit- upon good cause shown. the "rules and regulations" is that a
menu must Include the precise actlo,: to (b) Where to Ale.Complaints may be violation of the equal opportunity clause
be taken and dates for completion. The filed with the Director of OFCC or at any hat, taken place, the CCO with the ap-
thne period allottkd shall be no longer HUD Regional or Area Office, FHA In- proval of the Director, may cause the
than the minimum period necessary to string Office or with the CCO. Any HUD cancellation, termination, or suspension
effect auch chances. Upon approval of employee receiving a compinmt shall of any contract or sul `ontraCt cause a
the Contract Compliance Ofuceq the forward the complaint directly to the contractor to be debit 1 from further
appropriate Deputy, or the Secretary a CCO or his designee. The CCO shall contractsorsubcontrac ormayhnpose
such commitment, tire contractor may transmit a cops of the complaint to the such other sanctions as are sutho-ized
Le considered in compliance, on condi- Director within 10 days after „he receipt by the order.
Lion that the commitments are faith- thereof. (4) When a prime contractor or sub-
fully kept.The contractor shall be Hoff- (c, contents of complaint. (1) The contractor,without a hearing,shall have
tied that conking such coinmu.nents does complaml should include the name, ad- complied with the recommendations or
not rreclude future detenmnations of dress.and tricphone number ar the coin' orders of the CCO or the Director and
nor omiitiance baseC on a finding plainant. the name and address of the believes such recommendations or order;
- the commitments are not sulncient to prime contractor or subcontractor corn-
the to be erroneous, he shall, upon filing a
mitting the sllc^ed discrimination,a de-
achievecompliance. request therefor witain 10 days of such
(b) Regular compliance reriews. Each scril+tirnl of the nets considered to be compliance, be afforded an opportunity
Deputy Contract Compliance Ofleer shall discriminatory. and any other pertinent for a hearing and review of the alleged
institute a program of regular comply- erroneous which will assist in the in. erroneous action by the CCO or the
ante reviews of those contragtors and vestiga.ion and resolution of the com- Director.
by
subcontractors for which he is assi the complainant mint or his authorizedgned plaint.The cot shall be signed authorized
(5) For reasonable cause shown, the
responsibility. CCO may reconsider or cause to be re-
(e) Special compliance review. The representative. considered any matter on:ns own motion
special compliance review of bidders,ap- (2) Where a complaint contains m- or pursuant to n request.
plicants, offerors, contractors. or sub- cor -te information,the CCO shall seek (f) Report to the Director. Within 60
contractors will be conducted at the re- Pron.;,dy the needed information from days from receipt of a complaint or with-
- quest of the OCO or the Director, OFCC tile rompialnsnt In the event such in. in .such additional time as may be
to determine compliance or ability to formation is not furnished to the CCO
comply with the order, the "rules and within 60 days of the date of such re- allowed by the Director for good taunt
regulations," these rules and re :cations quest, the case may be closed. shown,the t to shah Divpi mess a complaint
6 and submit m the Director the rase
end mrectives issued pursuant thereto. (d) lm+estigrteions. For each corn- record and summary report containing
(d) Reports—(I) Spcetol compltancc plaint filed against a prime contractor the following information:
review reports. A special compliance i'e- or subcontractor for which Him is the (•) Name and address of the corn-
view report shall be provided to the CCO Compliance Agency, the CCO shall in- plainant.
or the Director,OFCC,as directed, stitute a prompt investigation and Shall
.1) Regular comphance review re- be responsible for developing a complete (=> Britt summary of findings.InchtA-
ports.A report of each compliance review case record.A complete case record cot:- Ing a statement as to the CCO's conclu-
shall be forwarded to the CCO within 30 s)sts of the name and address of each sions regarding the contractor's corn-
days after the regular review is con- persof interviewed, and a summary of pliance or noncompliance with the re-
ducted unless otherwise provided, his statement, copies or summaries of qumements of the equal opportunity
43) Preaward Compliance renicto re- Pertinent documents, and a narrative clause.
port. A written report of every prenward sllmmary of the evidence disclosed in the f3) A statement of the disposition of
rampliance reviewaequired by the"rules Investigation as it relates to each viola- the case,including any corrective action
and regulations," or otherwise required Uon revealed. When a complaint is filed taken and any sanctions or penalties Im-
by the Director including flndinr,s, will against a prime colitraetor or subcon. Posed or, whenever appropriate, the rec-
be forwarded to the Director by the CCO tractor for which the Dep:(rtment is not omriended corretive action and Banc-
within 10 days after the award for a the compliance anency, tie CCO shall tions or penalties.
Postaward review. transmit the complaint to the Director E 0,65 Itcnringn and.anrdons.
(4) Additional reports. A written re- for dlspovuoil. tit) 71rc Sceretary with the approval
port of every other compliance -eview 'e) Resolution of complaints. (1) if
of any other matter proeesred by the the complaint investigation by the CCO of the L,uector may convene formal or
Ilepartment Involving an apparent coo- shows no violation of the equal oirportu- informal hearings its he may deem ap-
lation of the equal opportmuty clause nity clause, he shall sit inform the Dl- propriate for Inquiting into the status
_ shell be submitted to the Director.Such rector.Tnr Director rally request further of compliance by any prime contractor
report shall contain n brie(summary of inveAmation by the CC'1. or subcontractor wits the terms of the
the findings, Including a statement of (2) I( Vny complaint investigation or equal opportunity clausa.
eonchsions rcrardinq the ,ontrmtor a comi)W i-e review indicates a violation (b) The Secretary may propose or ap-
compilance or noncompliance with the of Lhc(goal opportunity cl.lnsr,the mat-
reguirements of the order. and a state- ter should ix resollyd by rul- mlal incans ply sanctions in the event of noncom- -
ment of the dirfwsltlun of the case, in. whcuever possiblt.Such InfonnaL meats nlinnce by a contractor cr subcontractor
FEDERAL 110111112. V,11 36, NC. 117—rgiray, A INE 11, 1911
tF
h
41 11:,0: PROPOSED RULE MAKING
/ with the req, amen d of the equal op- (dl 117sce a single advertisement In
portumty r"xii-e -uttect to the limt- which appears in clearly distingulsh-
tations c' u r 'Yobs and regulation:+," able type tine phrase "an equal oppor-
particularly 1 60-1..27. tunity employer."
(C) The conduct of henr!nCs and the §n.Og Aceem to reenrd of employment.
proposal and application of sanctions F.ach prim0 contractor and aulrOOn-
A t !ball be In aecordance with the require-
merla of the order Slid of the"rules and tractor shall permit accnws during normal
k' reguiationn business hours to his books,reconla,and
I. secounts pertinent to Compliance with
¢(1.70 lntimldation and inter(rrenre. tl;c Order. and all rules and romlations
+ "'he sanctions end penalties contained prtvnuh:atd pursuant thereto, by the
Subpart 1)of tW order m.iy br rxer- Drp••.rtrnvnt or the Director for purposes
eased by the CCO er the D:rvcinr!'r'a nsC of tny:'"17atiOn to 1 certain compliance
+" any prime contractor, tubcor tractor or with the equal opportunity rlause of the
applicant who!Rats to tf.gc all sierra•!ry rnntrart or luticortmrt.Information of,-
steps to-ensure that ni per-on oiti;:.l- tiuinea :., Ihia manner shall be used only
data!, threatens, coders, or r1-relit- in perriccC••i wilh tha adrnimstrabon of
pates araini.t nay ind,ci dial for tier pur- the OT Ie' ar'•d the adrilrl-Irit and Of the
'�- pose of lntci lcnn^ v.rth the lilicr' Of a C9v11 R'i:hb:Aet.of ltui4, and is Ruthee-
cormplaint, furn.onn,' info:'n+a!i-n, or ninr'e of the pure O,,Pn. of th• Crier and
tissta.im:or parliew.inn" in,ny rn':nncr that Act.
In ni, fnitAimktioa, c„milli tr;,o rl ear'`' $0.10 Rolirmtobepo,trd.
-- liearlm'_or any other ac;,voy ridated to Contractors and subrontrmtors re.
the. Sduiinlxtrition of tl+r order or an:: quared to do so by pnrai:raphs Ill and
,•• other Federal, Stdc, or ]n,al la's re- (31 of tiie equal Opportunity clause shall
quiring equal emi0oymcr.t. opportunity' pad nnlires to be provided by the CCO.
¢8.75 SeFrrgated far litic- eern6ralr. Such riaticrs!.hail he in compliance wit.-
Prior to the nn'arl of a: nrnr•-t^rpm the rrquirr:ncnts of 1 f,0-1.l_ of the
-. (ieeer11nINA coot-n•t or :•.It:<-"-I't t. rr `•zv.rs and rrfulatvnnsl•
fdemlly :c':i>led + ^'(rle",� •.t r 'a e,n:;rt $, Pm^ram dirrrli,r• nod instrue.
or SulicoiKroct. 1. ^„•,�.:,;..;:Iwo, rr the bon..
apphcent :^ail rt;,u:ro `lic rr, :rr t.; Anpropriate prlpram officials may
-_ prime ro rnrtor, aid carp In eon- i .,tic such duerh:es, procedures, and
tractor a i rillIrtintla-For anal .Pore in.turtiens O they rorincler neces!.aq•
each suhr ,ntractor o n1'1rlt a r"Pf!- to al lave vipial cinNny.nent opportunity
eat!on, In the form approved o" Vic I%- in praarms administered by them, pro.
rector, that the pr2.p;ct.vn 1,rin+e eon- vided earl,I`:Rance;are not inconsistent
tractor or snbconl.ector nw, and with the Ir:'o�'islous of the order• the
will not im inmin any facltities he pro- rules. reCn;,IUor5, and directive% of the
vides for )u,; emplavees In a seereralc'd Secretary of Lator or the Director, and
manner,or penult his r-rrlloycr5 to per- these mutations. A ropy of such direc-
tornt their services at nny loratic❑under hvrs, procedures, and instructions shall
his rortrol where sr•ri'^atrd farihtim IN. submitted to the CCO for approval
are maintained:end thathewill Obtains prior to issuance.
similar eertihentirm in the form approved
by the limer;nr.jinn:to the award of anv 98.1110 If Rreti,•e dote.
rionei(r^gn subcont:act. The reeulatiors contained in this part
Shall brroric effective - -_-_ - (60
- ^.06 SaltritntlmS sir nd,erti.emrnh ---days after publication in the ftiraAt
tor rnipio,en. I2SOrsrre) for ail contracts,snlicltattens,
In uollN ations or ndverttrementa for insitations for bids, or rcqur:!� for pro-
emplo-cell placmt nv or I brhnlf of a pcsals wl'irh shrill lie rent byttiel)rpart-
prime contractor sutxontrnctor, the melt or St, nppbcntit on or after said
requirements of r=rionraph (^,I of the efrective(late and for all regotiatrd con-
e(eual opportunity rtause (.hall 1Il :alt: tract: which have not be n executed as
fird mbenevcr the prime contractor or Of slid elftrtive dale.
subco Itrnrtor romphes with any of the GrORar ROMNF.Y,
toilowmg; Socretary of A-^`usmo and
(a) fitatm expre.,.Iy in the rolirita- Ur ban Den-lopment.
tions o-pdvertuur•that all m}ubtled sip-
plicant, w81 mi tic curl'^,d4rallon for !yn 2)oe.71-"05 YV d6-10 71:11:51 am)
employment wrViout rr^anl to race,
eo;or. cchf:ir,,n, ,ex. or n^.tion:ll cc-in;
(b) Uses drol-.v cr 01:c:• :n^,
and the a4cor1.'i11" iin9r,r+., 1,1 I•r"rn-
prlate itl'nvia par 11.1wd by fl, Pu•c- `
tor.The'u.e of tie in:rm is v r,In.:o-•t rd -
' cublect to the provt.I„r, of 10
701:
(c) r7se: a :.in rl^ ,!arrt-rriwnt, sins
the a.t-u-tiremenl it . ruui'.i el 'Ili irlr•r .
advertl.rnimlt, used,, u ' •�"'I v •1I
clearly Lunt.•., that all , I':, a 'it "i,
IIRR Croup a .mc :.It I - .
t apuat en u,ccr• n r u 1 .t
L withuu rc and to r , col„r, n ;
acx,er n it!onal ar:,•n:•. 1
QteOFRAt acna:r R, VOI. 16, NC IIr---rem AS', AINr 11, tart
1
����" t tr'Rrt«.kwx4^(.-:M.du. ..&. a. ..+,..,: w.•.,a^an � "S„M't,alrawrA4 wS+r
e
J —
Y
Proposed Rule Making
DEPARTMENT OF HOUSING AND tied to Individuals or Items doing business
1 i 7020 Assurance of compliance with reg+r- In the field of planning. consulting, 'resign
URBAN DEVELOPMENT d dions nrc„It ion,me. buildimaintenance,
construction.rrep.i1r.which
hart
7G.25 nidding and nq;Minllon require- anitad In or ow n d In or st a ti w„Ie„arc
menu, IMMeperson to id owned h substantial such
pert by
, 124 CfR Part 761 70.30 Other applicant and recipient oDll- persons rtliaing In the area of st¢h project
)Docket M.Ii-71-1003 1635 art ctaat or of applicant obur,ntions (b) In the development of these regu-
EMPLOYMENT OPPORTUNITICS FOR In direct and Indirect mieticnshipa. lations the Secretary has consulted with
LOWER INCOME PERSONS IN CON- Trbvod e—miurmlon of tower Inwn.e Area the Secretary of Libor and the Adminis-
ga,i'mi,o, low tratraffic of the Small Business Adearms-
NECTION WITH ASSISTED PROJECTS er, tration and mutual agreement has been
7645 Generarstabli. reached with respect to the coordination
Notice of Proposed Rule Making 7aes Good fifth
number of t•.relm s. of employment and training elicits and
7a5D Good fullh effort,
The Department of Housing and Urban contracts awards under these regulations
Ur-
Development is eonsiderSrr Ue
amending Tvbpe.fC— 'irori m n en el lower:ntee Area by the Department of HousinggandUr-
and
T9tle 24 of the Code of Federal Regula- a.,i...n a,Employee, ban Development, the Department of
tinru to Include a new Part 76 entitled 1147,55 General. Labor, and the Small Business
"Employment Opportunities for Lower 7G 60 Good fawn effort. Administration.
Income Persons in Connection with As- Subpart D—Uliluatien e1 B.,:nes, temfed in er let The Secretary will Issue surh fur-
sisted Projects." The n"eposcd amend- owned in Substantial Part by e.. „tte,iding lher regulations in connection with his
merit,1•sued pursuant to section 3 of the In the Area responsibilities under section 3 of the
Homing and Urban Development Act of 70 6S General. Housing and Urban Development Act of
1968, 12 V.S.C. 1701u, would establish 7670 Ik,clopmeut of an smrmattee action 1968. as he finds appropriate and may,
procedures to encourane the employment plan. as needed amplify any regulations issued
on assisted projects of lower income per. pursuant to section^
Subpart F—Paditipafier in Appm.ed Projram, 1hrough
sons ciiresiding of in the project locale, and hanPbeoks, circa,. or other means.
the awned of protect-related contracts to 70.75 Participation It h,, as on 3 mq of m npll-
ance with section 3 rc wrements. t 7fi.5 Definitions.
businesses similarly located. 5
The proposed regulations, tl!c purpose Subpad F—Grievanra and Ganplionee Review As used in this part—
of which is more frilly sat forth under 7Gao Who may file grievance fan "Applicant" means any entity
176.1, relate to public property. loans. 76,85 Content of grievance filings. seeking assistance for a section 3 cov-
grants, benel its. or contracts, and are 7690 rarm of grievance filings. cred protect including. but not limited
not subject to the rule making require- 76.95 Pace of filing. to, mwTtga,7ors, developers, local public
mints of 5 U.S.C. 553. However,recently 76100 Time of filing bodies. nonprofit or limited dividend
announced Departmen. notiev provides 76.105 Proresrmg of rrievance filings. sponsors•budde-s,or property managers.
'- that rules and regulations, as broadly 76,110 lfcarirgs. (b) "Business concerns located a ithin
deeded by the promul.^,atirg notice, 36 76.115 Compliance reviews and procedures. the section 3rovered project area 'means
—. F F,.4291.will be published for proposed Subpart G—Mistelloneeue those Individuals or firms located within
rule making.Accordingly,intcre5ted per- 70,120 neporting and recordkeeping. the relevant section 3 covered proiect
sons are invited to participate in the 76.125 LwnlCmenting procedures and in. area as .determined pursuant to 176.15
making of the proposed rule by submit- i.tructd ors. which are small sod owned by persons
76.135 Effect ve d,t ids. considered by the mall Business Ad-
with regard to the pmPosed regulations. 76.135 EQECtfre data.
Audio RITT: The provisions of this Part 7e ministration CO be socially or econ0ml-
pommlaUe by the
should Identify turner are lssucd under section 3 of the Housing and tally disadvantaged.
posed rule d the &burr filed
in number Urban Development Act of 1968, 12 US.C, tC) "Business contends owned In sub-
and title and shpUld be filed in triplicate 1701u. and see. 7(d). Department of HUD stantial part by persons residing in the
with the Assistant Secretary Ior Equal Alt.42 US.C. 3535(d). section 3 covered project area" means
Opportunity.Department of Housing and Urban Development, Washington. D.C. Subpart A—General Sub these busines: concerns which are 51
20410. All relevant material received on §76.1 Puryasc and scope of pan. percent or more owned by persons re-
or before July 19,1971.twill be considered (a) The regulations set forth in this siding within the relevant section 3 cec-
by the Assistdnt Secretary before :uking cred S and h determined pursuant to
action on the pre s71. Copies of tom- p'" t e contain the procedures established g per and which are small and owned
W D the Secretary y of Housing red Urban by persons considered to the Small ly or
melts submitted 0.711 be a.aU3ble Suring Development for carrying out his re- ness Administration to be socially or
business howl,both before and after the 'possibilities under section 3 of the economically disadvantaged.
specified closing date, at the above ad- lir.trung and Urban Development Act of (d) "Contracting party" means any
drem, for examination by interested 1968, 12 U,S C. 1701u. TL•it section re- entity which contracts with a contractor
Persons. quires that: for the performance of work in connec-
The ➢roposed rule is issued pursuant In the administration by the Secretary of tion with a section 3 covered project.
to section 7(d) 0. the I]CnnrtnuCM 0f Housing and Urban Development of pro- te) "Contractor" means Any entity
grams providing direct finarnininat . develop-
ew lop-nce which performs work in connection with
V.S.C. 3 and Urba,i AbaopmCrt Art,42 in Rid re hmxmg, urban renewal.,public
p-
VJ3.C. 35351d>. mint, redevclopmrnt, or renewal, punuc or a section J covered project.
The proposed Part 76 read^,as follows: community facilities, and haw community (f) "Dope rtment" in e a n s the De-
development. the Secretary ahali— partment if Housing and Urban
PART 76—EMPLOYMENT OPPORTU- (n ttegnire,in cowsunaclon with the See- Developmen;.
NITIES VJR BUSINESSES AND rrtary of Lsbor. that to the greatest extent ( ) " wyLo r income resident of the
feasible opportunities for training and em- g
LOWER INCOME PERSONS WITHIN pinvrpent arising in connection with the ate"means any individual who resides
THE PROTECT LOCALE pwmmng and carryinr out of any project within the area of a section 3 covered
Tnhpan A--9cnna: assisted tinder any Such program be given project and whose family income coca
to teaer incomr, ncr!ions residing In the area not exceed 80 percent of the median In-
sec. - of such project; and corn,in the Standard Metropolitan Sm-
76.1 Pinpiee aria scope of part. 121 Require,In consultation with the Ad- tistical Area (Or the county.It not within
7G 5 Ihfiaitio,�s. mhlstrator of the 5nAll Dwslncss Adealms- an SA4SAi in which the section 3 covered
7010 rMcitatirn to Assistant Secretary for 'lotion, that to the greatest extent fem.lblo
r. Sal O g rum 7f y, contracts for work to Do mje,tmed In eon- project Is located.
70.16 neterminu)mv or rue mcq of n P40• nretfon with any aueli Fmjr.t tx s•vnrdcd (li) "Political jurisdiction" means a
tion 3 enstred project. to business concerns.Including but not llm- /Mllitleally organized community with a
Repri nr-ed from 36 F.R. , June 19, 1971 . 11744/49
W41 New RM1AkXAIM a+Y€+AIIaL:r^a'b."a rXQeaWtS"tY'L¢.a,:�+e e?3ea+]N. • r;-:".,• vYi J3%e,-ns sr +.nw�['S> ,1•+ ri>:..• •:`A9P�Yr, a�e1
�e
J
Y n-
11745
governing body having general govern- shall determine the boundarfet of cacti of calculations Issued by the secretary of
mental Iievr.'rs, section 3 covered project: develop a Housing and 'Urban Development, 24 CFR
(1) "Rml, HMV Inc-am any entity who who "Project Area Map" If the project area -•----. TRe controator will not subcontract
received 2...-.talIce for a section 3 cov- Is determined pursuant to Paragraph (a) .nth any subc lntmetor where it hew notice
ered P :set Including, but net limited (1) of this section, showing the section or knowledge that the ratter has been round
IIIto, mortgagors, developers, local public 3 covered project ama, filed the smallest -- violation of l lotttn- under 24 CFR
__ and writ mat Ice an-subcontract it
b+u:cs, dOnfroGt or limited dividend Political jUrfsdJCLIOn in which 1t IS 10- tern the subcnntracnr has ¢lest Provided IC
sponsors,builders or property manAgee 1, cited, except where the project area Is with a preliminary e.atereent of ability to
(J) "Secretary" means the Secretary a model Cities area which is coextensive comply with the requirements of these
of Housing and Ulu=DevelopmetA. with the city itseir; and publish the reculattors.
(ki "SeeUon 3" means section 3 of 'Project Area Mali'In a newspaper sere E. COmollanee with the provisions of am.
the Housing and Urban Development Act ing the Community in which the section Iron 3, the egutatlons set forth In 24 CFR
Of 1068, 12 U.S.C. 1701u. 3 covered Project area IF,located. ----- and all applicable rules gad o,,am
tit "Section 3 C.Avse"means the c - or the Department Isaurd thereunder prior
an
tract provisions set forth in 1 76.20(b). §76.20 .t"^rant of ronipilonee wilt co the execution of the contract, shall be a
rrgulalions. condition of the Federal financial asstaanee
/m) "Section 3 covered protect"means provided to the project, binding upon the
any project assisted by any program ad. (a) Every contract or agreement for a applicant or recipient for such assistance,Its
ministered by the Secretary in which grant, loan, subsidy. or other direct successors,end assigns.Failure to fulfill these
loans, grants, subsidies, or other finan- financial assistance to aid of housing, requirements shall subject the applicant or
cial assistance ore provided in aid of urban planning, development, redevel- r—pient.Its successors,and saslgns to those
housing, urban Planning. development. Opment,or renewal,public or community sancttonaePecified by the grant or loan agree.
redevelopment. or renewal, public or facilities, and new community develop- ment or contract through which Federal
community facilities, and new comma- ment.entered intr,by the Department of assistance 19 provided,and to such sanctions
City development (cucept where the Ho.ismg and Urban Development shall as are specified by rules, regulations.or All.
plienble policy of the Department of Houser.
financial assistance available tinder such Contain Provisions requiring the apph- and Urban Development governing the pro-
program Is solely in the form of insur- cant or rcClplent t0 carry out the provi- gram antler which Federal aasistanet to the
ance or guaranty). slons Of smtron 3, the regulations set project is provided'
In$ "Subcontractor"means any entity forth In this Part, and any applicable §76,25 Ridding and negotintion ca uim-
(Otlier than a pe n rso who I,an employee rules and orders of the Department Is- meats. q
of the Contractor) which has anreed or sued thereunder prior to approval of its
arranned with a contactor to undertake application for assistance for a section 3 (a) Every applicant and reclplentsha,l
a portion of the contractor's obligation covered project. require prospective contractors for work
or the performance of work In connect- (b) Every applicant, recipient, con- In connection with section 3 covered
tiun with a section 3 covered project. tracting party, contractor, and suhcon. projects to provide, prior to the signing .
,. §76.10 Dr'raatien b Assistana Secretary tractor shall incorporate, or eau e to be of the contract,a preliminary statement.
for Equal Oypor.unily. incorporated,in all contracts for work in of work force needs (skilled,semiskilled,
connection with Is section 3 covered proj- unskilled labor and trainees by category'
F%CCPt Us otherwise provided in this ect,the following clause(rr' ered to as a where known; where not known,such in.
Part. the functions of the Secretary re. section 3 clause): formation shall.be supplied prior to the
Assist to herein will delegated to the A. The work to be performed under this signing of any contract between contrae-
Assistant Secretary for
AOr Equal Oppor- contraor is on a project assisted un.ler a pro- tors and their subcontractors.
LUnity gram providing direct Federal financial As. (b) When a bidding procedure Is used
' §76.15 Defer,nination a( the area O(a tlstance from the Department of H (lung and to let the contract, the invitation or
section 3 covered prajeet. urban Development and Is subject to the solicitation for bids shall advise prospec-
•"' (a) The area of a section 3 covered tima1elN•elopment Act of tana.las nmeudrd,and five contractors of the requirements of
Project shall be determined as follows: 12 1j5.C. 1701U. Section 3 requires slat to these regulations. When the contact is
... (1) The boundaries of a section 3 cov- the greatest extent feasible opportunities for let pursuant to negotiation or methods
ered Project located within a geographic training and employment be given lower In. Other than formal bidding Procedures,
area designated pursuant to the provi- come residents of the project area and con- prospective contractors shall be advjsed
"-' alons of title I of the Hnu?ing Act Of tracts for work In connection with the project by the contracting party of the require.
1949, 42 U.R.C. 1450, or puroiant to the be Awarded to business concerns which are merits of these regulations as Part of the
Provisions of title I of the Demenst he located in. or Owned In substantial part by contract 6pCC1flC3110r6.
tied Cities and Metropolitan Develop- per
onsitc sidings eo the area
of net hn roj §76.30 Oilier epplirant and recipient
meat Act o1 1366, 42 U.S.C. 3301, shall with the pr•.nastam of said section 3 and the obligations.
be COCxter7slv2 with the boundaries of regulations Issued pursuant thereto by the
that geographic area. Secretary of lintinng and Vrhtn Development Every applicant one recipient shall as-
(2) The boallearics of a section 3 set forth in 24 CFI(-------and an applicable slat and actively co-perate with the Sec-
covered prOJCCt not located within it geo- ruin, and orders of the Department Issued retary in obtaining the compliance of
graphic area designated pursuant to title ntereunder prior to the execution nr.his rnn• their contractors and subcontractors
I of the Housing Act of 19i0, or title I *no ncr The
thatties to they are under contract
Contraey with the requirements of these tCgUld-
o1 the Demonstration Cities and Metro- till oc other disability which would prevent tions, including cooperation and assiSt-
politan pevrtopmrnt Act o[ 19fi6 shall them from complylbg with urr:e regmro- arse in distributing and collecting forms
be coextensive with the boundaries of menta. and information, and in notifying can-
Lhe smallest political Jurisdiction in C. •rne rontmrtOt will Berea to each labor tractfnrt parties and contractors of vio-
which the project Is located. organitation or representative of wet ken lations of these regulations, and shall
(3) To the extent that goals (estab. wlth which he has a collective bargammg refrain from entering into any contract
fished Pursuant to Subparts 0,C,and D °"' r''ont or other contract or understand. with any contractor after notification by
se (tits part) cannot be met within a org.+nizaticn or workers 4reF esentatce adtiang the tiid iue of hs been the Department
In nvi0 violation of theseCregul33
section 3 eovemd limiest area an deter- cnmmltments under this section 3 clause and Lions pursuant to 1 76AI0(j),
mined pursuant to sitbparnnraph (1) of r'hI i post copies or the notice in conspicuous
this Paragraph, the boundaric, of the pin.o.available to employers end appl,canta §76.3.5 EReclumion of applicant obli.
smallest political Jurisdiction in which for employment or training. gation, in direct and indirect rcl..
the sectlon 3 covered Project is located D The contractor will include this rmbo0 lionrhips,
shall be designated as the relevant see. 3 cl+usa in every sntxontmot for work in (a) LVltere the applicant for assistance
item 3 Covered Project wren. connection with the project and will,at the
(b) The Department's RC^IOr1a1 Ad- dtrect:nn of the Applicant for or eclpient of under a sCC UOR 3 COYCrCd project. and
mlmst rater,A rCa Office Ilh'CCIOr,or FIIA III,lcral financial vast lice,take appropriate the recipient Of such assistance are not
Insuring Office Director,as app-optlate, nr dlor ttrim en xtile su ix Is m etcinn q One and the same, the recipient shall be
regarded as the successor In Interest of
117iG PROPOSED RULE MAKING
the Applicant and shall have the same number which ran reasonably be utilized (e) Identifying,of the positions iden-
-.... obligations as the applicant wlth respect In each occupation on each phase of a tified in pm'agniph(a)of this section,the
to compliance with there regulations. section 3 covered project.The applicant, number of positions In the various oc-
These obligations shall be Incorporated, recipient, contractor, or subcontractor cupational categories which are not cur.
specifically or cy mfercnce in th^ loan shall initially determine the maximum rently occupied by regular, permatlent
or grant agreement or other rontrnct or number of trainees for well Occupation employees:
agreement through which the assistance and submit that determination along fit) Establishing.of the positions lden-
Ic provided.to the recipient, with Its justification to the Department. tilted in paragraph (c) of this section,A
(b) Where the applicant or recipient goal which is consistent with the purpose
Itself%d Part
l perform all or pt or the work §76.50 (:.",d fa;dt rffnn, of this subpart within each occupational
In connection with a section 3 covered fit) Each applicant, recipient, r.,a- tafeumY of the number of positions to be
project within the meaning of th—,e re, tractor, or subcontractor socking to es- filled by lower Income residents of the
ulAhons, with either permanent or tcm- tablish that a good faith effort as bection 3 covered project area: and
porury stiff by ;once account.It will pro- required by 1 76.43 has been made to fill (eI Making a good faith effort to fill
vide the D:Pnrtmcnt with all forms and all t)ain)nit positions with loser income All of the positions Identified In parts-
,assurances required of a contractor or area resrdrnts shall, as a minimum, set graph (d) of this section with lower In.
subcontractor by these regulations prior forth evidence acceptable to the Sucre. come project area residents.
to the execution of +ny loan or grant Wry that it has:
agreement or other contract or Agree- (1) Obtained from the Department's §76.60 f;oadraidreRort.
ment through which assistance is ne^ional Administrator, Area Office Di- (a? Fnch applicant.recipient.eontrae- r
provided, rector, or FIIA Insuring Office Director tor. or subcontractor seeking to estab-
(c) Where the Applicant. recipient or having jurisdiction over the section 3 lish that it good faith effort as required
contractor tells. Irises. transfers or covered project, the "Section 3 Project by paragraph (a) of 176.55 has been
othc.wisc co,.:eys lard upon which work Area Map,"if available: and made to fill all employment positions
In connection 'with a section 3 covered 42) Attempted to recruit from the ap- identified in paragraph id) of 17015,
protect within tie meaning of Clete rug- propriate areas the necessary number of with layer income project Area residents
ulatlons Is to be performed (fnr example. lower income residents through: Local shall, a, a minimum, act forth evidence
under the U&an Renewal or Neighbor- advertising media, signs placed at the acceptable to the Secretary that it has:
hood Development prograno,It shall In. Propmed site for the protect, and eon- (1) Obtained from the Department's
elude in as:h contract qr subcontract for munity organizations and pabiie or Regional Administrator. Area Oince Di-
work on such land a clause requiring the private Institutions operating within or rector. or FRA Insuring Office Director
purchaser, lessee, or redeveloper to as- serving the project area such As Service having jurisdiction over the section 3
sume tLe same obligations as a contractor Employment and Redevelopment tSE'R P. covered project, the "Section 3 Proicet
for work under section 3 of these regula- Opportunities Industrializat'on Center Area Ma if available: and
bons (including the hicorpoatton of the (OIC),Urban League,Concentrated Em- (2) Attempted to recruit from the ap•
Assurance of Compliance Language ployment Program, or the U.S. Employ- proprhate Areas the ne"sFary number of
specified in 176.20). ment Service. tower Income residents through: Local i
(it) Each such purchaser,lrssee,or re- (3) Maintain a list of all lower I'-- lowadver
media, r)gns plough at the
developer shall be relieved of such ob- come area err owns who have applied Proposed site for the protect, and com-
ligallons upon satisfactory completion either ur their own to s referral frai: munity organizations and public or pri-
01 all work to d performed undo[ the any source, And employ such persons, if vatelnstituttor-operating within or sen-
tI all w the redevelopment contract. otherwise eligible and if a trainee vacancy In the protect Area Inch as Protect Area
exists.If the contractor has no vacancies, g '
Subpart B—Utilization of lower the applicant. if otherwise eligible, shall Committees (PAC) to urban'advisory
be listed for the first available vacancy. areas, Model Cities citizen advisory
Income Area Residents as Trainees (b) Any applicant, recipient. contrac_ boards, service Employment and Rede-
§76.40 General. tor. or subcontractor which fills vacant velopment (SER), Opportim?ties Indus-
apprentice or trainee positions in its or- Lrialization Center(OIC).Vrban I.eaga^.
Each applicant, recipient, eewtr k in Concentrated Employment Program. or
or subcontractor undertaking work in Banizaed i loom sources other than those the U.S. Employment Service.
connection with a section 3 cowered prole sPe(2) of
is part^rash (a),subparagraph fb) Anv Applicant.recipient,contrac-
eet shall fulfill his obligation to utilize (,.) of this section immediately prior m
lower income Project area residents as undertaking work pusuant to a auction tor, or subcontractor which felt+ vacant
trainees to the greatest extent feasible 3 covered project shall set forth n idence 1 76.55(d) employment positions in its
by: acceptable to the Secretary that its or- organization immediately prior to under-
(a) Utilizing the marimurn number of lions were not an Attempt to circumrent taking work pursuant to a secton 3 cov-
persons in the various tialnia,;categories thcr.c regulations. ered contract shall:et forth evidence ae-
ln All phases of the)eqq:k to be Pei formed ceptable In the Emretary that its actions
under the es of
3 cdvemd project: and Subpart C—Utilization of Lower were not an attempt to circumvent these
Income Area Residents as Employees regulations.
(b) Filling all vacant training post- fc) When lower Income resident work-
tions with loner income project area rest- §76.55 Ccncral. ers apply. either on their own initiative
dents except for those training positions Each applicant, recipient, contractor or on referral from any source. the
which remain unfilled after A good 'with or subcontractor undertaking work In recipient, contractor, or subcontractor
effort has been made to fill them with connection with a section 3 covered pmt- shalt determine the qualifications of such
eligible lower Income project area rest- Oct shall fulfil his obligation to utilize persons and shall employ such persons
dents. lower income project area residents As .1 their qualifications are satisfactory and
§76A5 E,bJJl h;np nmid.cr of trainers. employees to the greatest extent feasible the contractor has openings. It the
fat For the building construction ac- by: recipient, contractor,or subcontractor is
+a) Identifying the number a, posi- unable to employ the workers.such per-
eupations.the number of trainees or ap- tions in the various occupational rate- sons rhall be listed for the first Available
Prentices for each occupation ,hurt be Carlos including skilled.semiskilled, and opening.
determined pursuant to regulations in. unskilled labor, needed to perform each
surd by the Secretary of Labor. phase at the section 3 covered prof"Ct: Subparl D—Utilization of Business to.
(b) For nonconstruction occupations rb) Identifying, of the,ositions iden- eoled in or Owned in Substantial
or for any building construction occupa- tiled in paragraph(al of thisscetinn,the Part by Persons Residing in the.Area
tuns for which ratios are not deter- number of positions In the various oc-
mined pursuant to regulations of the curational categories which are cur- §76.65 Gcnend.
Secretary of 6'ibor, the number at molly occupied by regular, permanent FAch applicant, recipient, contractor,
trainees for each occupation,hill he that employees; or subcontractor undertaking work on A
e
PROPOSED RULE MAKING 11717
section 3 covered project shall assure that (D Take steps to insure that contr acts (2) the name and address of the grlOv-
to the greatest extent feasible,contracts which are typically let on a negotiated ant's bmhvesa. If appllcab:e. (3) the
for work to be performed in connection rather than a bid basis In areas other name and addres.a of the applicant. re-
' _ with the project are awarded to busincs, than section 3 covered project areas. cipient.contractor. or subcontractor tin
++ concerns located within the section 3 are also let on a negotiated basis,when- this subpart called "respondent"), (4) a
covered project area or business concerns ever feasible, when let in a section 3 description or the acts or omisslons gtv-
owned in substantial part by persons covered project area inc rise to the grievance, and (5) the
residing in the section 3 covered area. lg) Where competitive bids are so- corrective action sought.
The Department, in consultation with licited. require the bidders to submit (b) Where a grievance contains In.
the Small Dtivimms Administration will their utilization goals,and their affuma- eo•aplete information, the Secretary
establish for the section 3 cov;•md project tive action plans for accomplishing their shall seek promptly the needed infor-
area a registry of busines+ concerns goals. >_nd in evaluating each bid. to mation from the grievant. In the event
which meet the definition contained in determine its responsiveness, carefully swh information is not furnished to the
f 1&5 (b) and (c) of these regulations. evaluate the )„(liters' submrssron to de- Secretary within sixty (60) days of the
Each applicant,recipient,contractor, or termine whether the afTrtnat.ive action date of such request, the grievance may
subconu actor undertaking work in con- plan prorsed wit) accomplish the stated be closed.
nection with a section 3 covered PrOjcct goals. §76.90 lervu of Frieumce filing+.
&hail fulfill his obligations to utilize bull- (h) Where advantageous,seek the.as- Each grtevvo ce shall be in writing and
news concerns located within or ovn:d sistauce of local off r_.Is of the DePatS- signed.
In substantial Dart by persons residing ment in Preparing and implementing the
In the section ' covered project area by affirmative action plan. §7fi,95 flare o!GIinF.
developing and r.^?cementing an aff lima- A grievance may be filed by niailing It
Live action plan. Subpart E—Policipation in Approved to the Assistant Secretary for Equal Op-
§76.70 De,Aopmenr of an oflirroal. a Programs Portunity, Department of Housing and
action plan. §76.75 1'artb ipavi,,n n+ e,6lenre of Urban Development, Washington, D.C.
In developing an affirmative action romp6:nae „ith rr.iio) 3 regain•- 20410,or by presenting it at any Regional
plan. each applicant, recipient, contrive- meal` Office,Area Office,or F11.A Insuring Office
tor, end subcontractor prcparwg to on- Any applicant, recipient, contractor. of the Department.Any employee of the
dgrtake work pursuant to. a section 3 or subcontractor may fulfill his obbga- Department receiving a grievance shall
covered contract shall: lions under Subparts 13,C.and D of this forward the same directly to the Assist.
Set forth the approxlmaye number part,respectively,to utilize lower income ant Secretary far Equa.�Opportunity.
_ and dollar value of all contracts proposed project area residents as trainers or cm- §76.100 Thne of filing.
to be awarded to all businesses within ployces on section 3 covered projects,and A grievance must be filed not later
each category (type or profession) over to award contracts to ousincss concerns than ninety (90) days from the date of
the duration of the section 3 covered located in. or owned in substantial part the action (or omtasion) upon which the
project in question. by residents of.section 3 covered project grievance is based, unless the time for
(b) Analyze the information set forth areas by presenting evidence satisfactory filing is extended by the Secretary upon
In paragraph (a) of this section and to the Secretary that he is a cooperating good cause shown.
the availability of eligible business cone participant in a federally essisted or
Berns within the project area doing other public progr.m approved by the §76.105 ProrearinF of grievance flings.
business in professions or occupations Department of flousine aid Urban De- (a) Upen receipt of a grievance a copy
Identified as ❑ceded in para!:raph (a), velopment which proviaes training, em- theren!shall be furnished the respondent
of this section, and set forth a goal or ployment, and/or business, opportunities by certified mail or through personal '
target number and a-':mat;d dollar to lower income persons and business service.
amount of contracts to ,e awarded to concerns w!:ich meet the definition in (b) The C,7"retarY shall conduct anIn-
the eligible businesses and entrepreneurs 116.5 (b) and (c). The Secretary shall, vestigation cf each grievance filed and
within each category over the duration from time to time, make Public a list of shall give noire in writing to the grievant
of the sectiort 3 covered project. thost training, employment, and/or and the respondent as to whether he In-
(c) Outline the anticipated program business opportunity Programs ePlroved tends to resolve it.
to be used to richleve wile goal.: for each III the Department. (c) Notwithstanding paragraphs (a)
business and/or professional category Subpart F—Grievance and and b) of this section,where the allega-
Identip.ed. This pro^ram should 'Include Compliance Review Lions of a grievance on their face, or as
but not be limited to the following P simplified by the statements of the griev-
actions: §76.110 "Ito ncai file grievance. ant, disclose that the grievance is not
(1) Insertion in the bid documents,if Any lower income resident of the prof- timely filed or otherwise fails to state a
any, of the affirmative action Wan of act area. for himself or as s rcpresrnta- valid claim for relief under these regula-
the applicant. recipient, contractor, or tier of persons similarly situated, seek- Lions or any other authority within the
subcontractor letting the contract: and ing employment or training oPPortwli_ jurisdiction of the Department,the See-
(2) Identification within the bid docu ties with an aPplicnnt, recipient, con- retary may dismiss the grievance wlth-
ment, it any, of the applicable section 3 tractor.or subcontractor.or any business out further action. To the extent that
project area. concern located in,or owned in substan- Executive Order 11246 relating to Equal
(d) Indicate the anticipated process fiat part by Di.'sons re:iding within a Opportunity in Employment applies to
and steps which have barn Liken and/or the jeet matter of the grievance. the
Project area seeking con:^act airport
be taken to secure the cooperrdion tics from any applicant, recipient, con- ulaProceduresonsimplementing
required by applicable ll ll be
of contractors, subcontrartom, and tractor. or subcontractor, for itself or ulatiensimPiementing that order shall be
unions in meeting the goals and can'ying as a representative of perso s or firms followed.
out tire_affirmative,chen plan developed similarly situated, may personally or by (it) it the Secretary decides riot to re-
pursuant to thin subr.art. an authorized representative file a solve a grievance, or to dismiss it under
(e) Take steps to imUre that the all- grievance alleging noncompliance with parnaraph (c) of this section, he shall
of
propriate business concerns included in section 3. these regulations, or obbga- advise the grievant of the disposition Also
be
the Department4s rr:•lstry for the section tions undem taken pursuant thereto. his feed i nance. RespondentiewrShall also been
3 cov^red protect area am notified Of notified in any ease where he has been
' pendine, contractual opportunities either § ,6.85 Content of Fri.wnnre 6I�I I-— served with a copy of the grievance.
Personally or thmngrt locally utilized i grievance should
ainclude: i Party
r affectedrsely
)cilia. The name andaddresoftirerevait, delerm Wion under (b) or
,
r
1
yl
�t
L
hk 11748 PROPOSED RULE MAKING
+K' (e) of this section may.within A days of piece so Axed shall be subject to change spondcnt or grievant may w•ithin30 days
li receipt nt a notice of determination, re- for cause. Tile requesting party may of themalilne.of such nolieeol initial de-
1 quest U at the SttmWry reconsider his waive a hearing and In lieu thereof sub- cislon file with the Secretary exc#pUms
actieri. :.,ucli request for reconsideration left written information and argument to the Initial decision,with rim sonsthere-
will be granted only on the basis of adds- for the record. The failure of the re- for.In the absence of exception,the Sec.
tional material evidence not Previously questing party to Appear at 1 hearing rclar�,may on his own motion,within 40
k available to the party requesting recon. for which a date has been set shall be days after the Initial decision, serve on
suteration nr for other rood cause shown. deemed to be a waiver of the right to A the respandent and grievant, a notice
if) if the Secretary divides to resolve hearing and consent to the making of a that he will review the decision.Upon the
w a grievance, he strait endeavor to chmi- de!imon on the basis of such mfonu:ttion filing of such exceptions or of such notice
1k3 nate or eorrec t the matters complained of as is available of review, the Secretary,shall review the
in the grievance by Informal methods Of ibp licatings shall be held in or near initial decision and issue his own decision
conference, wncihation,and persuasion. the section 3 coveted project area in thereon including the reasons therefor.
is) In conciliating a grievance, the question. or at such other location as If no exception Is lakri,or notice of re-
po Secretary shall attempt to Schiele a just will scree the convenience of Pettus and view issued,the initial decision shall con.
resolution of the grievance including (1) w'itnesses, at it time fixed by the Secre- atitute the final derision of the Secretary•
specific relief for the grievant,�3r affirm- Lair. Hearings shall be held before tine ig) Whenever a record is certified to
alive actions by the respone-'It to relieve Secretary or, at his discretion, before a the Secretary for decision or he reviews
the effects of past violation,aid preclude hearing exandner designated in accord- the decision of a h:aring examiner pur-
the occurrence of future violation. and ante with 5 U.S.C. 3105 and 3344. suatrt to paragraph (D of this section.or
(3) appropriate rei>ortinr requirements. (c) In all proceedings under this sec- whenever the Secretary conducts the
_ Notice of a proposed disposition of A lion. the respondent and grievant. 1f hearing. the respondent and grievant
grievance and of the terms of a proposed any, shall have the right to be repre- shall be given reasonable opportunity to
w. settlement. +f any. shall be given to the seated by counsel. file briefs or other written statements of
parties. or their representatives, by the (d) The hearing, decision. and any their contentions.and a copy of the final
Secretary,in writing. if SatlsfActOry. the administrative review thereof shall be decision of the Secretary shale be given
proposed settlement shall be limed by conducted in conformity with 5 U.S in writing to the respondent. and to the
the grievant and the respondent.or their 554-557. and in accordance with such grievant by certified or registered mail,
representatives,and approved by the Sec- rules of procedure issued by HUD as are return receipt requested.
retary.The Secretary may. Irons time to proper relating to the conduct of the (h) Whenever a hearing is waived Par-
time, review vomit innce v%ith the terms haring, the issuance of notice except ruant to paragraph (gn of this section, a
Of any settlement agreenie.nt and may. that provided in paragraph 'n) of Dos decision shall be made by the Secretary
upon a finding of Poncomptinuce,reopen section, the taking of testimony. "bib- on the record and a copy of such decision
the grievance or tUke such cinforcement its. arguments. and briefs, requests for shall be given in writing to the respond-
action as is provided for under the settle- findings, and other related matters. ent, and to the grievant by certified or
merit agreement or as may otherwise be HUD, the respondent, and the grievart, registered mail,Tetuin receipt requested
appropriate. if any, shall be entitled to introduce all (1) Each decision of a baring exam-
(h) Should a respondent fail or refuse relevant evidence of the issues As stated Iner or the Secretary shall set forth his
to confer with the Secretary or fail or in the notice of hearing or As determined ruling on each finding.conclusion,or ex-
refuse to make a good faith effort to tic- by the officer conducting the hearing at ception presented,and shall identify the
solve the grievance,or shauld the Seem- the outset of or during the hearing_ requirement or requirements of section 3
fairy find for any Other reason that eolun- lei Technical rules of evidence shall of the Housing and Urban Development
tary,agreement Is nut likely to result.the not apply w hearings conducted pun Act of 19GO or the regulations which the
Secretary may terminate his efforts to suint to this paragraph but rules or respondent has :ot complied with.
conciliate the dispute.In the latter event principles designed to aasure production 'it The final decision may contain such
the parties shall be notified promptly, in of tht most credible evidence available terms.conditions,and other provisions as
writing, that such efforts have been and to subject testnroay to test by cross- are consistent with, and will effectuate
unsuccessful. examination shall be applied where the purposes of section 3 and these regu-
(i) If the Department is unable to ob- deemed reasonably necessary by the alit- lations. The decision may Also include
tain voluntary compliance, the Secre- cer conducting the hearing. The hearing provisions designed to Assure that no
t,'rry shall acirlse the parties in writing officer may exclude Irrelevant. immate- contract will thereafter be entered into
of his proposed resolution of the alley- nail, or unduly repetitious evidence. All will,. a iesoondert determined by such
ance. Such resolution shall become fora: documents and.other er idence offered or decision to be in default in its perform-
and binding on the parties,unless within taken for the record shall be open to ance of its contractual obligations or to
IS days after the receipt of notification, examination by the Department of have othenyise failed to comply with
either party files with the Secretary a Housing and Urban Development, the these regulations, unless the respondent
written request for a hearing nil the respondent,and the grievant,if any,and corrects Its noncompliance and satisfies
matter. opportunity shall be given to refute the Secretary that It will fully comply
facts And arguments advanced on eirher with section 3 and these regulAtions.
§7G.110 1learing•. side of the issues. A transcript shall be 'kl The General Counsel shall repre-
(a) Whenever a hearng is requested, made of the oral evidence except to the sent the Department At all heanngc and
reasonable notice shall b(given by frills- extent the substance thereof is stipu- shall receive copies of all notices, dec'-
tered or certified mail,return receipt re- lated for the record. All declsions shall lions and onion documents which are for-
. quested. to the parties This notice shall be based upon the hearing record end warded to the parties.
9atise tile parties of the action pro- written findings shall be made. (1) The applicant or recipient If not a '
posed to be taken, the specific provision (f) If the hearing is held by a hearing party, shall be invited to participate in
under ahich the propo=ed action is to examiner, he shall either render an inn- the hearing and shall receive topie5 of all
be taken, and the matters of fact or law tial decision, 1f so authorised, or certify notices, decisions, and ocher documents
asserted as the basis for this Action, in the future record, Inelml%ng his recom- which are forwarded to the parti '
addition, it shall either f D fix a date mended findings And proposed decision to
not less than 30 days after the date of the Secretary fora final aeeision.A copy §7'O'1Ia fompham'e reviews and prw
such notice within which the parties of such initial decision or cerlification eedure"
may requef.t of tie Secretory that the shall be mailed to the respordant And the In order to determine whether the rem
matter be schedided for hearing or (_) grievant.or their reprearntatrve, by cer- sponsibilities imposed upon him by sec-
advise the Parties that the matter in titled or registered mail, return receipt tion 3 and these regulations me being
question has been set down for hearing requested, Where the initial decision is properly carried out. the Secretary shall
at a stated time and place.The time and made by the hearing examiner, the re- periodically conduct section 3 compliance
v
r° � t/ia """-"-eYltiwl►.rl1B - ' - ' - - mhllnanaiel,itnilrilnrrlia�na'�Ylimy�a,..
4
PROPOSED RULE MAKING 11749
"tevlews of selected appiicank+,recipients, tractors, and subcontractors pursuant it
contractors,and subeont:sctors. A com- section 3. Gsonce HOMNLY,
t pittance review shall consist of a compre-
hensive analysis and evaluation of each Secretary of !!musing and
aspect of the aforementioned section 3 Urban DeUCIOpment.
policies, e.nd conditions resulting there. (}n Doa71-eels Flied e-17-71:9'51 bull
from, deticiencim are found to
p exist,reasonable efforts shall be made to
secure compliance throu!ih the eoneuha-
lion process set forth in 17G.:O5Ig).
Compliance reviews may be conducted
prior to award of contracts in any ue
where the Secretary has rcasor ate
> grounds.based on a substantiated r °v-
anee. the Department's own roves' a.
Lion.or other substantial evidence.M be- -
F Ikve that the applicant, recipient. con- .-
i - tractor,or subcontractor or will be unable
or unwilling to comply with section 3 and
I the provisions of this part.
[r Subpart G—Miscellaneous
§76.120 Itcportinr and ""nikerphig.
In order to insurr that the Secretary
ff is kept informed ci the progress being
t made by the applicant, recipient,
con—tractor, and subcontractor it meeting
their obligations u sder these I c,ulatiOns.
each applicant, recipient, contractor,
l and subcontractor is required to:
- (r ) Maintain such records and so-
_ eooru and furnish such information and
reports as an r!tubed by the Secretary
under these regulations or pursuant _
thereto and permit the Secretary access
to books, records and premises for pur-
poses of Int'eW;,,ation in connection
•.•t wlih a grievanc= or to ascertain com-
plianee with th@se regulations,or the
rules and orders of the Department
issued thereunder.
_ (b) Advise the Secretary within IS
days of the award of any contract under
a section 3 covered project of the steps
which have been and will be taken to
comply with the requirements of Bob.
parts B, C, and D of this part
§76.123 haplen.rntiaq proeed•uree and
,,,t ire r nn1!mill.
Assistant Secretaries of the I?epart-
ir. ment administering programs subject
to this regulation may issue such pro-
cedures and Instructions as are neces-
sary to implement the provisions of
section 3 and this part. A copy of such
'^ proeednres and instructions shall be for-
warded to the Secretary for approval
prior to Issuanct.
§76.130 I.Amr.landard•.
All labor standards applicable by
statute,regulations,or other admm+stra-
r tive Issuance shall apply to section 3
y covered projects.
U
• §76.133 F.ffrrri.e dm<.
This part shall beeame eRcctkY on
f ) 1971 for all apply:ations for
asslstaace under section 3 covered by
projects which are made after such date
within the mending or the pr03ram in
Question. However. ❑nlhing in this part
IK� shall effect requirements already im-
e pored on applicants,recipients,and con-
Ir v
i
,
t.
s
WSTRUCTIONS FOR FILL, G ;LANPOWEF UfILIZ3.TION REPORT
The Manpower Utilization I.report is to be completed by the prime contractor and signed by a re,ponsible
official of the company. The Reports ate if, be filed or. the day required, each month, during the term of
the contract,and they sha.1 inclu6c the total man-houts wor :ed fcr each employee level in each oesig-
toated trade for the entire reporting p triod. Send one copy o• th. tompleled Report to the Federal Comp-
' Aiance Agency and a duplicate copy to.
i
Mr.
•• Are. Cco,dln.tnr
Office of Federal Contract Compliance Address:
t
Compliance Agency. . .. . . . . . . . . . . . . . . . U.S. Government contract.ng or administering agency esporslble
for equal employment opportunity on the project.
Prime Contractor . . . . . . . . . . . . . . . . . . . . . Any contractor who has a constmction contract with the U.S.
p Government or Applicant (See OPCC Regs. 60.1.3).
1. Name of project. . . . . . . . . . . . . . . . . . . Name given in the invitation for bids.
2. Self-explanatory,. -
3a. Project number. . . . .. . . . . . . . . . . . . . Number assigned in the invitation for bids.
3b. Percent prot,ct completed . . . . . . . , . . . Percent of total work completed. '
3c. Date projeci a,mpleted Date of estimated comp',etion.
4. Name of company. .. . .• ... . . . . . . . . . . Any contractor or subcontractor who employ the trades enumer-
. sled in paragraph of the (date)
S. %of project work completed. . . . . . . . . . . .%project work contractor or subcontractor has completed.
6. Trade. •• . . • . . . . . . . . . . . . . . . . . . . . Only those crafts enumerated iq paragraph of the
(date)order.
7. -Alan-hours of employment , • , , . , • , • • . . The total number of hours worked by all employees in each
classification; and the total number of hours worked by eac'i
minority gtecp (Negro. Sponish American, American Indian, and
Oriental) in each classification.
-Classification. • • . • • • • • . • . . • • • • • • The level of accomplishment or status of the worker in the _
trade. (J -journeymen, H - Helper, Ap - Apprentice,
Tr-Trainee)
- k
S. Percent of minority wan-hors of total
mar. hours . . . . . . . . . . . . . . . . . . . . . . The percentage of total minority man-hours worked of all man-
bows worked• -
f 9. Total no. of minority ecp!e;'es . . . • . • . . Nunbct of mHoety enip!oyees working on job during reporting
periodr
i In Total no. of em In era plo•ems •verkin^ on oh during to min. periar
p y . . . Number of all a-• y e j B Po _
,
OMB Approval No. 44 R 1396
OPTIONAL FORN66 MONTNLY MANPOWER UTILIZATION P.EPORT
' RevisedApril 1971
As prew;bcd by the Dept. of Lofor(OFCCI (See reve.-so for instructions)
(,fame and location of Compliance .I�enc)J From: (Name and location of Pile contractor)
1. Name of Project 2. Reporting 3. Project
_ Period a Fumhcr t, Pnmc"' c. pate Com-
s Conptcicd plat-d
4. Company's S.Per- 6. Trade 7. Man-hours of Erployment 8.Percent 9.Total 10. Tnta:
Nome cent of el,ss db ,. e. r. a e. m'"Of10y ?;9. of Number of
easlon m,nhouta minority Employees
Iwork C n Span.• Amer.- of total Em-
pleted (see Total .11esro Amer. lndun Oriental m,nhovn plopees
evarae)
J
H
A
Tr —
A
Tr
J
H _
A L
Tr
H
Ap
Tr _
�— — J — —
N —
A —
_Tr
J
Tr ..
J � —
k
A _
r
k
Ap
Ap -
1--
11. Cm l.3ny OfiirTV, , $tgnataty :md Titfa �L'.. P.�!r +r.,r'd —7I3. 1'c!rpiwc•• No .
I � '
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^y li,•n. .•1 I�I..i.�. ;W l ollo .I•.l l•!. I:Ilnlun. l lx tpw, ', 1'IWLM Mlles: COn.'.Mf Y10
u'mminl. 1 dnrw:.1 .1,. 11..t W intil od h 1 drYrmfn-.marYe bnn ttr4.
w..aw .non lwlllrr.n wR(hind,1,oonl ,lnt flla Iwdrt IfLww -. ♦» .i1 rr............ no............
!Nnu.ly:w:Wlw 4W bud•.Mna.!'9wawn,ui•IwW'r:tfell.r(rrM w7;wyur.atllM will
Oil
o
.w .w......_..... .r........rwpnui( O t
....
trk vowfY q.v led lmM:rwh�nR n+Qolaar bwYL'fm 1\.► yr y m6r y
Ir1YM. _. . . _..- \r .r .r............ .41............
fwnr*W•mow unoll r.Mlx'Mt toArer. .....
Ou•rr M11Y1 bar9•w burr:Mww ImM-MLn►
nb it eN lunru n Iw,a.lnmt plools : .IYo.YRif. ifnPM.rnitlnle 4q reU� M01a7
rfllwf Wlb ppllrr:eQweoommint \N .P .r............ r...-.-.
T'm v.:trr INwI blur, .rld.ILt'hrPPa;tnrlwri;woel in nP•� ..
p41�ru
M��-: ,uhV mmhLmfMn of Me Minn.our we s.Llfr fudYKwlf YN in
au .r ..w...�..... .r
a ►L ra.M h,Y uuan •.. W raYr:waWmfM1M�Y�IrIM 10o WfVltir
now i d.], ❑ 4.mm rr Wynn dn:M YM thaw. _ .. .. - -. •r .w -... ..... w...........
C.nr9l dlunla Pr (f rrwMt uw \r ,w .... ..... r
Tunrnd wort
T9tmim.lar'no ka ♦r .r .� w
ool
l lnul 4ndw nCL.n�'NYntM IP9w:hr.LM1W.
1'^dwnun.Mlles. . . ._ l� ♦ ......_.. ..
YYert Um1oNqq mdneNtife•tral twldtr:nelu,b.:tnfu;nYntrerr low.. .. t iiYY .r ............ .. -
' •YI .w ... r ..
ON 14nrl�xviiih W Ill. air i .r. ...w._. r .- ...
Owpm.thr9yh Nlh a 1 iK,<1n W-Vh 1 y.PLra - -_. wr r .rr .. r ...
Ua.rllIb,lhr9y. WHI NL)) .. ilY .r .w.._..._.... w ....
Dour=lb.throul N lb •1h) --
Orarlb 11ygVh Jr lb.141.l - _ ww .w •�.-•••:••... A
er.rtl,.Ih.w.Rn Yn. utrJ
ww w
0
InW.l9uY..e LVlfe u4\n WillWillalai .......... -
►r.-Pio-
.w... ... .. «
BOftwuniin lLnae ehadha YN Mrtryfm ... - - - - }I .yyY9 J■
Tb Irr.mOn laver wla rft 9blrt) ... _- ._ tr .r .■::: . .1141 .
'hLaV(lulu nl " 99 Ill Ma twdr wA9.-rrf dtYrgfNyi LN�Y piNi�Y). .
rrUlrr lgn9en uW nbrN•.Iaba tbf4 n,a w a{Ylaa) ♦a .r .rr M - '
U'Yr dnsmVwterw lures Yttw Ma ... . aN .M..................
....._..... .M
O'< Y1bYlnn bb.•r,dbdobmw.Md i�I�11�1y�rtttW rPRtflr-. ..... : .. ... rim
taa+.a+n.INulnr ar.aluel..MYN,L111a M )... .....
Wnl,nwµ araee aler.Mbr ee..w fttrr lYr was fM uw) _.._.-. ..... 7.0 .r • .M .. .........
T.wtar(►.n.11 t►p.alesNe O,!:IrwV 1•airl ....- PM h9 Alwas Im4l
arww nlradmrbuww..f4Met swa iaWn rrl:ptgtrlludae�la�
in
Kill Jzw'ow1YlaDo{W..I.Ill
nM.rn•
InMwU9 no do,imil a"Il'loobVi"I'AR a
h''A'i, ,r• ..wr'.:.:.:.'.•..:•.:.•..•..:. ..ra ...................nott t.wl nlll:srf9ria'.rorr;.dl typo,mmul,nla..wn fe.4W ubrY w, twl4
.w............ .w............
1, as xI tl'a1 ,or lnlerwMA.nd(roman•
M tl.1AI bYM J ter lwIv%pl plant,
- MIN [aunty•
ltln.awl\W yyn 1n 1`):,Yln.Wl6pn 4�rlh,Yq ly1 of ".d d Or omen, l
1 unp.1n4):11nnaNy ioLrllnwr OtMw if Iillo uunh ,w ..aW mlrw tm la Lair fMl
4nlNfl:hnrpVn:n U.411 'aa1i...ehnq Y,awrmr,g9W11L,onlilL ID+a'In.Wool
I.+.urarlMleVl:a xnlnion llil dtr.l9l filundo,el.rNV.u1d dr'eL vincrw IPrwM': -
LibM PbYt qundwr,.erwNlnwn;Y.eWY.(Dbw Rnw,f',y.ni90e.Jwah.rlwtr.rr ,
dndlxnCa�m•�"A'h4m lru... d•,un, is .r .r........... .M
In..ni+en. n.. 'nmLa,�� ni'Idv IIMn... nod) T:R.. .r .r....._ .. .r.....::.:.::
r
. 1
PEONAt 0160112, VOL. 31. NO. OF#gAr• MANIM 10, Iqi
am
>vBpmrlsi>4 r?<BP
NOTICES 5197
� eunuwua InrlrollY—ComyYN
e•• .... Olaaal6rYllta-- _BYrpa Rowlrt M►mmb
■�• paaYw Yawllte Apo TV. Olar
M6d IB 1/-17-I9 21-2S27 S}f►[I M Bl-7►YY-S-}yy ebotleuN _
6`arw prlymml t olmttleM-Lsatluud
Tourhaplrlb,1'.4'rl`1IW,'[14 IM am awlW "ua p ,r1aul Ib yd.anU unamli
Mubr l'alhu erMlre lllvludlrar Mab�M.nA dnmvl
Ilubu„n do i ary 1%.,.1, 11 am Www n,.I,IM,mmDramYa(aWl en.n Yln Lldlpn6
.unn•W+b•v,I'd "',y mrNre;Ymew.(taro Nterrors) It?A .N .w...... .h
• I+irvAr.Id1>al lnY YrMbr{Ytw, lunwr and BuJW;.osent bl.r,LrMlglhe(Yerw w 104
enYuvd;hY.4w.rrwlr lwr>Wr it double). 7.r .r .w... . M
t 1rY n,r.I/wwB tnx• Ward!M1 blr (Xnp.10 Wed. Pad rerpume 1 Yr,M1d Ymly
1.6
IhJ44du 1. Y r
a r M
'1'Im hY r.Ala I N W.Mvl aad%, 1.� RRN1i
Munn ua(I. Ww hrWWron,r.�•nlW Nprn 7.w .�.. .w......�.....
Lane w.llvAm4 rtln lmrn l•�•rl nu.l YmWr tYN Jvir w. I.1.•Wnp AeH tyro.[voW
wA .imlbrl;I11 A Idnnl Y1d m U IMM it Td. 1. IIOYr (dun •app .l 1: Jr.
ud irrb
aaJ I..0 A..,a,.r AO Yd Il.r Mmr Bwuin ar>d,.gTllli(A•,re rDnult(4 ra Mld neI
.w .w............ .06.... ...._.
ralal Yalr• .,Wau u,1 a1Ms11♦ad Yvtllael.dari<ko wdniuul{mrtior(eon.euEle,
t•la>y aW wybMl 11, tl1tM laa- l a>aver kQuad t Yod Ym1Yr; mu^,lAfSaaYa mwAlnr
(m••br l.rnwi doll M,d/r•r w1a Al au{riradr(Olvn.a or etlnr auteau".typm);Toamw
ypu1W, L•brplllar. iu.iM arnron MIA mftu" ry1y1�e pWpmut(r yd. tbm o r"IL);
Mmnlr IarmWl r>p,urA M baetlam,rub
Lind,Fid.)YiuYm.Caw,avd Yml W,
•Vq W 1i.p.1'. ptdilTr enpnWa(L.H.Pnarr WIMr or Ymar Pwlvi baakr); rarw
1'•A hmha Wu4.dauGb lrrr drum);rawlM(tout tyro [oallM.beemotl Te,FNrr4y>y
YWa i yYd nIJ unJa1 or INY d noem,Inoludm[PM and uvdr,r Y lord au"!ruNr1(
B�dml{1LT.II>•trr C•al mi. .enrt nlormn+u u,t•uurlumn(e t.Ya>•eparattav
(rn•k a•..nnt MIA erw111P - r•m Uruwbr rt•1 tree[ qro YH oluv:hns.u.a ryda aov
tnnJal.aumy,ehlD{M raid n l Wl ttaehment, ml r( ot'le nrltb hoot eaaa-
mdpn7.nAlewanO>>d a "dal Baden(lorkiinwrl ro bmr Aawl UtattaeR
nen4 lvadra(oTerhead aM +t ev011t Yd.apbarA -. _ - . 1.aD .r .r..........« .M..........
1 `��!
Mho(wovrb dYYa and AA none aal,to uan apD dDY amr) _.. -. T.w .Y • '««•.•..
TwmaDulb CWNIIM Ru li r snarl M .. . ....w:».. ...._-.._.
m 1.r r
BAY Irem p.er(>mm.rvlMl,i'NI,end otnr a Ibr[))pal; oYb (onr i 1 afar
Iuewlrq bull qro,flanni,bpnlotlre,Fnbby,Ymn dTm i a*Tm�J Aoer
hwludirqy Pb.a on Ie boa cn b la bvl.w»(b.r mYYat,Pww. analaa.]BefLm,
M,•1 dmllM Irnm: Ibmob mrlrol openta Iw mbM-lM Wr naval"pWBRIta.),
n.•.... .IYb Opmllm;YIo.Y(rtarlR Mld Hurl t)mall is'ever 17F.m 1e
.... ar .A .0.... .....« .r...... ..
roan,IpWb.Latryllly,Ituelld asap....god tW W .spa ap..._ .... Ia 7...baarA -
ro)d ..
... ...
_..__.............................................. aft _._.»._.: .M............
idr•T.re lorvnwd xnd tr RumM mr". . Mtw)........................... ... ............ ar .r .w.........._. .M..........-.
Tmriw•nu, rywW'v,BImBd YYyrt.YB.1 Yitltt tPw a[Wpmmlt(war r fa iraB6\
. ............. . ....._...._ ar .r .r_.......... .r.._.._.. ..
flwrrv(aaw 4 finds tt1.pYa[q]pall ofWlwy.r..r_.t.�_.y[.aMaM:raalaE�rW,
n•aby,lo>amYLMIT� geltbr BPa.mM aTr,1BY TY laar tailoie BBt Bar�w
rw bla ara wrl......... .. ........... ..........._..-.....-.-_._........... ar .r .r..........: .w......... .
7'•nlmnmlL.tatwlr Qw.Fw.:..:avapra•aa�a�AYtr tyro aaaymanl ta.. w)d
Ipu)�..).._.. ..........................._._._.._------"'-'__......-_....... aw .■ .w.......«..: .r._...... ..
Tll 1-10-a:
9Tu`Yddaaa.
l.namrMland lua•Imu4u tr>aaNbalcb... . .... ... .. .. l'd .b .N...,...::::.:.::...:...... .. . . ..
Bull l env 17 r1R M
Bull
dummtn and Amllw mmt gdulpm�l Tr Tc,ueurywr w:�w�
Dw drW,Trm(loon.Le Toumwu,WraUu nna0,AG T wag.;ietYd;f�
War.tractor wltil trallr and YmJar byp bbddad pufpmwt YMlapmlNp mYWltl;rm,
ll urta,Ydr,+hd and LDLtem dump.lwl Wlq tamlbueYr and LrW[F dYry FFtyY,y raDl
Mrover, yn,wimaor, bPNWW.; ratwtNct,Nd tivad.obb haYaq YnyRm1,
tlnaae -;mbar :.99WI ylmy:trdetp,amWml.La. TaiamitaAll
watts rym wd 4N tLtlta,ap to lei pl.;-* '* truer,Bef4 nw ay1 w.aetlw,Ito
tract MlC dodW pulpnct _. _... .-. _. .. . . er .r
PIall.d.oral rearu4. aw .b .....«........................ ....
HuipSrtdle; Byar olxnton abadd4 atI1W Ilia. HYatr) TY--aim KIdDr....
olr.aim.ld rant t di. l e0o Niir�L .._ -_-. .. ...... a Y .b .w.......... . . .«. . .
DullmL.oband d mu doya 721 ... . ........ aw .n .w..._....:.._.......:.:::.:......:
Dump.J,dra,mwaYd_b and Ilaadlar,i Ifw a>fYt/Ta trgf iBar mlf)alnldmlW.Alp.
meet:b .an/alum"bro"dur> mnaut vndr laaa�ar,rW N lw eY tlrtl
true[.9rq[o and tlmWr polpmpt Nlrb tlYi,BaYnraab................ .........
DumV lnela,ofr 19 dbaeA lmlubl N) ... ....................... •■ .b •« •• ..
Bub cenuel UUta.:�r®DIm.:ta,oTr lE Yd.b W welowias i la.;Yalat BllgalW- WIR
truck.TT er apmpa{. - ♦� T, . ......................i.........-
BWIMIbadmlW Ipment LLWA In ledlltttpalaadlaf tlYNaarat lBaa FyaRapBr___. a :Q
A «.
1 _........r...»... ..........
T4W4mlr.swa to mdlrolUdlq OYd........................................... ... ar a1 .............
"A'-hamea NHydratrw:badmlW W ... ... ............... \r .b .w...........
Dpmnw.W,oerfifd btd lvdlNoi .;W\Naaa MTfdatf..... rrll� 11BB NN
pwa wand laeludtea lr tun.gmm.. ..................."-..........._...................• Z1B .b a«.::...............:....::::. ..---
I
Tmml-mh,and I :'ava "u B .............._..._..--........... ..,........
TJ �gy 7� b
Dumntrata,oTr✓K - h.m:' -,udmf if .... WT7 Nq Y4L------ 1C-----
w.....
._ ».»...........
.
Toiwwt l oTTrl0 Uwu41 --IY ... -- -- .. ... .. Tr .r r._._..-----------------_
e Dvmn' a. / -" --. -- ..
Tnvalt 1 oTr 101E band to b .. .•••••.«•-....•••-••
7 wndt-mla w ly>d buJ Ale 16P ..
Trunall Ile.wr la yd band tvelud"i f07d .. - _ >C .b �._:'»..•«•«••••:.:' ._.... . .........
rnml.alb aTr 00 Yd. ....... -. _- .... T.r .b- .w....:..::......«..._...............
I3 DM.72-6476 HIM f-Pn;9'.46 am)
1
FWEbtI 6101ST[[, VOL. 37, WD. a!- MiDAY, MABCN 10, IV-1
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