[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR722.805-70]



[Page 30-31]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 722_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION--Table of 

Contents

 

               Subpart 722.8_Equal Employment Opportunity

 

Sec. 722.805-70  Procedures.





    (a) The procedures in this section apply, as appropriate, for all 

contracts excluding construction, which shall be handled in accordance 

with (48 CFR) FAR 22.804-2. Contracting officers are responsible for 

ensuring that the requirements of (48 CFR) FAR 22.8 and related clauses 

are met before awarding any contracts or consenting to subcontracts 

subject to these requirements.

    (b) Representations and Certifications. The first step in ensuring 

compliance with these requirements is to obtain all necessary 

representations and certifications (Reps and Certs) required by FAR 

22.810. The contracting officer must review the Reps and Certs to 

determine whether they have been completed and signed as required, and 

are acceptable.

    (1) If any of these Reps and Certs are incomplete or unsigned, the 

contracting officer must request that the offeror(s) complete and sign 

them, as necessary, unless the initial evaluation of the offeror's 

proposal results in the contracting officer's concluding that the 

offeror would not, in any event, be within a competitive range 

determined in accordance with (48 CFR) FAR 15.306(c), or would not be 

selected if award is to be made without discussions. A request as 

described in this paragraph (b)(1) constitutes either a clarification 

per (48 CFR) FAR 15.306(a) (``resolving minor or clerical errors'', 

paragraph (a)(2)), or a communication before establishment of 

competitive range per (48 CFR) FAR 15.306(b), not a discussion per (48 

CFR) FAR 15.306(d).

    (2) If completed and signed Reps and Certs raise questions 

concerning the offeror's compliance with EEO requirements, or if the 

contracting officer has information from any other source which calls 

into question the offeror's eligibility for award based on this section 

and (48 CFR) FAR 22.8, the contracting officer must refer the matter to 

the cognizant regional Department of Labor Office of Federal Contract 

Compliance Programs (OFCCP) regardless of the estimated value of the 

contract; only OFCCP may make a determination of non-compliance with EEO 

requirements.

    (c) OFCCP's National Preaward Registry. If the Reps and Certs are 

complete, signed, and deemed acceptable, and the contracting officer has 

no reason to doubt their accuracy, the contracting officer must then 

consult the OFCCP's National Preaward Registry at the internet website 

in 48 CFR 22.805(a)(4) (i) to see if the offeror is listed.

    (1) If the conditions stated in FAR 22.805(a) (4) are met (including 

the contract file documentation requirement



[[Page 31]]



in paragraph (a)(4)(iii)), then the Contracting Officer does not need to 

take any further action in verifying the offeror's compliance with the 

requirements of this subpart and (48 CFR) FAR 22.8.

    (2) If the offeror does not appear in the National Preaward 

Registry, and the estimated amount of the contract or subcontract is 

expected to be under $10 million then the contracting officer may rely 

on the Reps and Certs as sufficient verification of the offeror's 

compliance.

    (3) If the offeror does not appear in the National Preaward Registry 

and the estimated amount of the contract or subcontract is $10 million 

or more, then the contracting officer must request a preaward clearance 

from the appropriate OFCCP regional office, in accordance with 48 CFR 

22.805(a). If the initial contact with OFCCP is by telephone, the 

contracting officer and OFCCP are to mutually determine what information 

is to be included in the written verification request. The contracting 

officer may need to provide the following information in addition to the 

items listed in FAR 22.805(a)(5), if so requested by the OFCCP regional 

office:

    (i) Name, title, address, and telephone number of a contract person 

for the prospective contractor;

    (ii) A description of the type of organization (university, 

nonprofit, etc.) and its ownership (private, foreign, state, etc.).

    (iii) Names and addresses of the organizations in a joint venture 

(if any).

    (iv) Type of procurement (new contract--RFP or IFB, amendment, etc.) 

and the period of the contract.

    (v) Copy of approved Reps and Certs.

    (d) In the event that OFCCP reports that the offeror is not in 

compliance, negotiations with the offeror shall be terminated.

    (e) Documentation for the contract file. Every contract file must 

contain completed and signed Reps and Certs. The file must clearly show 

that these documents have been reviewed and accepted by the contracting 

officer. If the Reps and Certs were revised to make them acceptable (see 

paragraph (b) of this section), the file must also document what changes 

were required and why, and verify that the changes were made. The 

contracting officer shall also document the OFCCP National Preaward 

Registry review (see paragraph (c)(1) of this section), and, if the 

Registry does not include the offeror:

    (1) For contracts or modifications over $10,000 but less than $10 

million, the file must contain a statement from the contracting officer 

that the contractor is considered in compliance with EEO requirements, 

and giving the basis for this statement (see paragraph (c)(2) of this 

section). This statement may be in a separate memorandum to the file or 

in the memorandum of negotiation.

    (2) For contracts or modifications of $10 million or more, the file 

must document all communications with OFCCP regarding the offeror's 

compliance. Such documentation includes copies of any written 

correspondence and a record of telephone conversations, specifying the 

name, address, and telephone number of the person contacted, a summary 

of the information presented, and any advice given by OFCCP.

    (f) Documentation in the event of non-compliance. In the event OFCCP 

determines that a prospective contractor is not in compliance, a copy of 

OFCCP's written determination, and a summary of resultant action taken 

(termination of negotiations, notification of offeror and cognizant 

technical officer, negotiation with next offeror in competitive range, 

resolicitation, etc.) will be placed in the contract file for any 

contract which may result, together with other records related to 

unsuccessful offers, and retained for at least six months following 

award.



[64 FR 5007, Feb. 2, 1999; 64 FR 18481, Apr. 14, 1999]