[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-250.68]

[Page 189-190]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
   CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL 
                         EMPLOYMENT OPPORTUNITY,
                           DEPARTMENT OF LABOR
 
  PART 60-250--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED VETERANS AND VETERANS OF THE 
VIETNAM ERA--Table of Contents
 
         Subpart D--General Enforcement and Complaint Procedures
 
Sec. 60-250.68  Reinstatement of ineligible contractors.

    (a) Application for reinstatement. A contractor debarred from 
further contracts for an indefinite period under the Act may request 
reinstatement in a letter filed with the Deputy Assistant

[[Page 190]]

Secretary at any time after the effective date of the debarment; a 
contractor debarred for a fixed period may make such a request following 
the expiration of six months from the effective date of the debarment. 
In connection with the reinstatement proceedings, all debarred 
contractors shall be required to show that they have established and 
will carry out employment policies and practices in compliance with the 
Act and this part. Additionally, in determining whether reinstatement is 
appropriate for a contractor debarred for a fixed period, the Deputy 
Assistant Secretary also shall consider, among other factors, the 
severity of the violation which resulted in the debarment, the 
contractor's attitude towards compliance, the contractor's past 
compliance history, and whether the contractor's reinstatement would 
impede the effective enforcement of the Act or this part. Before 
reaching a decision, the Deputy Assistant Secretary may conduct a 
compliance evaluation of the contractor and may require the contractor 
to supply additional information regarding the request for 
reinstatement. The Deputy Assistant Secretary shall issue a written 
decision on the request.
    (b) Petition for review. Within 30 days of its receipt of a decision 
denying a request for reinstatement, the contractor may file a petition 
for review of the decision with the Secretary. The petition shall set 
forth the grounds for the contractor's objections to the Deputy 
Assistant Secretary's decision. The petition shall be served on the 
Deputy Assistant Secretary and the Associate Solicitor for Civil Rights 
and shall include the decision as an appendix. The Deputy Assistant 
Secretary may file a response within 14 days to the petition. The 
Secretary shall issue the final agency decision denying or granting the 
request for reinstatement. Before reaching a final decision, the 
Secretary may issue such additional orders respecting procedure as he or 
she finds appropriate in the circumstances, including an order referring 
the matter to the Office of Administrative Law Judges for an evidentiary 
hearing where there is a material factual dispute that cannot be 
resolved on the record before the Secretary.