[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR34.6]

[Page 488]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 34--REQUIREMENTS FOR EQUAL OPPORTUNITY DURING CONSTRUCTION AND OPERATION OF THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM--Table of Contents
 
Sec. 34.6  Equal opportunity clause.

    Each certificate, permit, right-of-way, lease, or other Federal 
authorization to which this part applies, shall include the following 
Equal Opportunity Clause:
    (a) The recipient, contractor, or subcontractor hereby agrees that 
it will not discriminate directly or indirectly against any individual 
or establishment in offering or providing procurements, employment, 
services, financial aid, other benefits, or other activities to which 
these regulations apply. The recipient, contractor, or subcontractor 
will take affirmative action to utilize business enterprises owned and 
controlled by minorities and/or women in its procurement practices; to 
assure that applicants for employment are employed, and that employees 
are treated during employment, without discrimination on the basis of 
race, creed, color, national origin, or sex; and to assure that 
individuals and establishments are offered and provided services, 
financial aid, and other benefits without discrimination on the basis of 
race, creed, color, national origin, or sex. The recipient, contractor, 
or subcontractor agrees to post in conspicuous places available to 
contractors, subcontractors, employees, and other interested 
individuals, notices which set forth these equal opportunity terms; and 
to notify interested individuals, such as bidders, contractors, 
purchasers, and labor unions or representatives of workers with whom it 
has collective bargaining agreements, of its obligations under section 
17, Condition 11 of the President's Decision, and the implementing 
rules, regulations, and orders thereunder;
    (b) The recipient, contractor, or subcontractor will comply with all 
rules, regulations, and orders which implement section 17 and Condition 
11 of the President's Decision;
    (c) The recipient, contractor, or subcontractor will furnish all 
information and reports required by or pursuant to rules, regulations, 
and orders implementing section 17 and Condition 11 of the President's 
Decision, and will permit access to its facilities, books, records, and 
accounts by the Federal Inspector for purposes of ascertaining 
compliance with such rules, regulations, and orders;
    (d) In the event of a recipient's, contractor's, or subcontractor's 
noncompliance with these equal opportunity terms, compliance may be 
effected through procedures authorized by ANGTA and set forth in 
implementing rules, regulations, and orders, or by any other means 
authorized by law;
    (e) The recipient, contractor, or subcontractor will include the 
provisions of paragraphs (a) to (e) of this section in all agreements to 
assign authorizations, all contracts over $10,000, and all contracts of 
indefinite quantity, unless there is reason to believe that the amount 
to be ordered in any year under the contract will not exceed $10,000. 
The recipient, contractor, or subcontractor will take such action with 
respect to any contract or purchase order that the Federal Inspector may 
direct as a means of enforcing such provisions, including sanctions for 
noncompliance: Provided, however, That in the event the recipient, 
contractor, or subcontractor becomes involved in or is threatened with 
litigation with a subcontractor or vendor, the contractor may request 
the United States to enter into such litigation to protect the interests 
of the United States.
    (f) Any project labor agreement which may be entered into between 
the applicants and any union must be consistent with the provisions of 
these regulations and must contain an Equal Opportunity Clause.