[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-250.4]

[Page 174-175]
 
           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 
 
         Subpart A_Preliminary Matters, Equal Opportunity Clause
 
Sec. 60-250.4  Coverage and waivers.

    (a) General--(1) Contracts and subcontracts of $25,000 or more. 
Contracts and subcontracts of $25,000 or more, are covered by this part. 
No contracting agency or contractor shall procure supplies or services 
in less than usual quantities to avoid the applicability of the equal 
opportunity clause.
    (2) Contracts for indefinite quantities. With respect to indefinite 
delivery-type contracts (including, but not limited to, open end 
contracts, requirement-type contracts, Federal Supply Schedule 
contracts, ``call-type'' contracts, and purchase notice agreements), the 
equal opportunity clause shall be included unless the contracting agency 
has reason to believe that the amount to be ordered in any year under 
such contract will be less than $25,000. The applicability of the equal 
opportunity clause shall be determined at the time of award for the 
first year, and annually thereafter for succeeding years, if any. 
Notwithstanding the above, the equal opportunity clause shall be applied 
to such contract whenever the amount of a single order is $25,000 or 
more. Once the equal opportunity clause is determined to be applicable, 
the contract shall continue to be subject to such clause

[[Page 175]]

for its duration, regardless of the amounts ordered, or reasonably 
expected to be ordered in any year.
    (3) Employment activities within the United States. This part 
applies only to employment activities within the United States and not 
to employment activities abroad. The term ``employment activities within 
the United States'' includes actual employment within the United States, 
and decisions of the contractor made within the United States pertaining 
to the contractor's applicants and employees who are within the United 
States, regarding employment opportunities abroad (such as recruiting 
and hiring within the United States for employment abroad, or transfer 
of persons employed in the United States to contractor establishments 
abroad).
    (4) Contracts with state or local governments. The requirements of 
the equal opportunity clause in any contract or subcontract with a state 
or local government (or any agency, instrumentality or subdivision 
thereof) shall not be applicable to any agency, instrumentality or 
subdivision of such government which does not participate in work on or 
under the contract or subcontract.
    (b) Waivers--(1) Specific contracts and classes of contracts. The 
Deputy Assistant Secretary may waive the application to any contract of 
the equal opportunity clause in whole or part when he or she deems that 
special circumstances in the national interest so require. The Deputy 
Assistant Secretary may also grant such waivers to groups or categories 
of contracts: Where it is in the national interest; where it is found 
impracticable to act upon each request individually; and where such 
waiver will substantially contribute to convenience in administration of 
the Act. When a waiver has been granted for any class of contracts, the 
Deputy Assistant Secretary may withdraw the waiver for a specific 
contract or group of contracts to be awarded, when in his or her 
judgment such action is necessary or appropriate to achieve the purposes 
of the Act. The withdrawal shall not apply to contracts awarded prior to 
the withdrawal, except that in procurements entered into by formal 
advertising, or the various forms of restricted formal advertising, such 
withdrawal shall not apply unless the withdrawal is made more than 10 
calendar days before the date set for the opening of the bids.
    (2) National security. Any requirement set forth in the regulations 
of this part shall not apply to any contract whenever the head of the 
contracting agency determines that such contract is essential to the 
national security and that its award without complying with such 
requirements is necessary to the national security. Upon making such a 
determination, the head of the contracting agency will notify the Deputy 
Assistant Secretary in writing within 30 days.
    (3) Facilities not connected with contracts. The Deputy Assistant 
Secretary may waive the requirements of the equal opportunity clause 
with respect to any of a contractor's facilities which he or she finds 
to be in all respects separate and distinct from activities of the 
contractor related to the performance of the contract, provided that he 
or she also finds that such a waiver will not interfere with or impede 
the effectuation of the Act. Such waivers shall be considered only upon 
the request of the contractor.