[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60249-60254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24218]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 22, and 52

[FAC 2005-46; FAR Case 2009-007; Item I; Docket 2010-0101, Sequence 1]
RIN 9000-AL67


Federal Acquisition Regulation; Equal Opportunity for Veterans

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are issuing an interim rule 
amending the Federal Acquisition Regulation (FAR) to implement 
Department of Labor (DoL) regulations on equal opportunity provisions 
for various categories of military veterans. This rule sets forth 
revised coverage and definitions of veterans covered under the Vietnam 
Era Veterans' Readjustment Assistance Act of 1972 (VEVRAA) and includes 
new reporting requirements established under the VEVRAA and the Jobs 
for Veterans Act (JVA).

DATES: Effective Date: September 29, 2010.
    Applicability date: Contracting officers may modify existing 
contracts of $100,000 or more that were awarded or modified on or after 
December 1, 2003, to require the use of the new VETS-100A form starting 
with the report filed September 30, 2010.
    Comment Date: Interested parties should submit written comments to 
the Regulatory Secretariat on or before November 29, 2010 to be 
considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-46, FAR Case 2009-
007, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FAR Case 
2009-007'' under the heading ``Enter Keyword or ID'' and selecting 
``Search.'' Select the link ``Submit a Comment'' that corresponds with 
``FAR Case 2009-007.'' Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``FAR Case 2009-007'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-46, FAR 
Case 2009-007, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr.

[[Page 60250]]

Ernest Woodson, Procurement Analyst, at (202) 501-3775. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at (202) 501-4755. Please cite FAC 2005-46, FAR Case 2009-
007.

SUPPLEMENTARY INFORMATION:

A. Background

    The DoL Office of Federal Contract Compliance Programs (OFCCP) 
published a final rule in the Federal Register at 72 FR 44393 on August 
8, 2007, that implements amendments to the affirmative action 
provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 
1972 (VEVRAA) as amended by the Jobs for Veterans Act (JVA), Public Law 
107-288. This final DoL rule changed the categories of veterans 
protected by these laws for covered Government contracts entered into 
or modified on or after December 1, 2003. These changes were published 
in 41 CFR part 60-300 and specifically modified the equal opportunity 
clause to be included in each covered Government contract or 
subcontract.
    The JVA amendments eliminated listing employment openings solely 
with America's Job Bank as an option for complying with the mandatory 
job listing requirement. The final DoL rule provides that listing 
employment openings with the State workforce agency job bank or with 
the local employment service delivery system where the opening occurs 
will satisfy the requirement to list job openings with the appropriate 
employment service delivery system.
    The categories of veterans covered by the equal opportunity 
provisions changed to include: Disabled Veterans, Recently Separated 
Veterans, Other Protected Veterans, and Armed Forces Service Medal 
Veterans. The JVA eliminated the separate coverage category of Vietnam-
era veterans; however, DoL in its rule explained that many people in 
this category may be covered under the other categories. The JVA 
expanded the coverage of veterans with disabilities to all veterans who 
were discharged or released from active duty because of a service-
connected disability.
    In addition, the DoL Veterans' Employment and Training Service 
(VETS) published a final rule in the Federal Register at 73 FR 28710 on 
May 19, 2008, that further implements the requirements under the VEVRAA 
and the JVA that Government contractors track and annually report the 
number of veteran employees in their workforces. This final DoL rule 
adopted a new Federal Contractor Veterans' Employment Report, VETS-100A 
form, to be used for reporting the revised categories of veterans that 
contractors are to track and report. These reporting requirements are 
published in 41 CFR part 61-300 and require each covered contract or 
subcontract contain the clause for reporting using the new VETS-100A 
form for contracts entered into or modified on or after December 1, 
2003. The new VETS-100A form was required to be used for the report to 
be filed by September 30, 2009.
    This interim FAR rule re-titles FAR subpart 22.13 from ``Special 
Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible 
Veterans'' to ``Equal Opportunity for Veterans.'' Accordingly, FAR 
clause 52.222-35 is also renamed ``Equal Opportunity for Veterans'' and 
incorporates the new categories and definitions of protected veterans 
as established by DoL. In addition, the FAR clause at 52.222-37, 
``Employment Reports on Special Disabled Veterans, Veterans of the 
Vietnam Era, and Other Eligible Veterans,'' is renamed ``Employment 
Reports on Veterans'' and the new DoL requirements for using the VETS-
100A report are incorporated. Lastly, the FAR provision at 52.222-38, 
``Compliance with Veterans' Employment Reporting Requirements,'' is 
revised to incorporate new title references for FAR 52.222-37 and the 
new report form VETS-100A.
    The interim rule also makes conforming changes to the lists of FAR 
clauses in 52.212-5, 52.213-4, and 52.244-6.
    This is a significant regulatory action and, therefore, was subject 
to review under section 6(b) of Executive Order 12866, Regulatory 
Planning and Review, dated September 30, 1993. This rule is not a major 
rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this interim rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because contractors are already required to annually track and report 
their veteran workforces on the VETS-100 form in accordance with 
VEVRAA. This rule implements a new form, VETS-100A, that simply 
includes the revised categories of veterans for reporting purposes. 
Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. The Councils invite comments from small business concerns 
and other interested parties on the expected impact of this rule on 
small entities.
    The Councils will also consider comments from small entities 
concerning the existing regulations in parts affected by this rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAC 2005-46, FAR Case 
2009-007) in all correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Numbers 
1293-0005 and 1215-0072.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary to implement the Department of Labor (DoL) final rule on 
Veterans' Employment and Training Service (VETS) published in the 
Federal Register at 73 FR 28710 on May 19, 2008, and a DoL final rule, 
published in the Federal Register on August 8, 2007, that implements 
amendments to the affirmative action provisions of the Vietnam Era 
Veterans' Readjustment Assistance Act of 1972 (VEVRAA), as amended by 
the Jobs for Veterans Act (JVA). However, pursuant to 41 U.S.C. 418b 
and FAR 1.501-3(b), the Councils will consider public comments received 
in response to this interim rule in the formation of the final rule.

List of Subjects in 48 CFR Parts 1, 22, and 52

    Government procurement.

    Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 22, and 52 as set 
forth below:
0
1. The authority citation for 48 CFR parts 1, 22, and 52 continues to 
read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106   [Amended]

0
2. Amend section 1.106, in the table following the introductory text, 
by removing from FAR segment 22.13 OMB

[[Page 60251]]

Control Number ``1215-0072'' and adding ``1293-0005 and 1215-0072'' in 
its place; and adding, in numerical sequence, FAR segment ``52.222-37'' 
and its corresponding OMB Control Number ``1293-0005''.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

0
3. Revise the heading of subpart 22.13 to read as follows:

Subpart 22.13--Equal Opportunity for Veterans

0
4. Revise sections 22.1300, 22.1301, and 22.1302 to read as follows:


22.1300  Scope of subpart.

    This subpart prescribes policies and procedures for implementing 
the following:
    (a) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 
(38 U.S.C. 4211 and 4212) (the Act).
    (b) The Veterans Employment Opportunities Act of 1998, Public Law 
105-339.
    (c) The Jobs for Veterans Act, Public Law 107-288.
    (d) Executive Order 11701, January 24, 1973 (3 CFR, 1971-1975 
Comp., p. 752).
    (e) The regulations of the Secretary of Labor (41 CFR part 60-250, 
part 61-250, part 60-300, and part 61-300).


22.1301  Definitions.

    As used in this subpart--
    Armed Forces service medal veteran means any veteran who, while 
serving on active duty in the U.S. military, ground, naval, or air 
service, participated in a United States military operation for which 
an Armed Forces service medal was awarded pursuant to Executive Order 
12985 (61 FR 1209).
    Disabled veteran means--
    (1) A veteran of the U.S. military, ground, naval, or air service, 
who is entitled to compensation (or who, but for the receipt of 
military retired pay, would be entitled to compensation) under laws 
administered by the Secretary of Veterans Affairs; or
    (2) A person who was discharged or released from active duty 
because of a service-connected disability.
    Other protected veteran means a veteran who served on active duty 
in the U.S. military, ground, naval, or air service, during a war or in 
a campaign or expedition for which a campaign badge has been authorized 
under the laws administered by the Department of Defense.
    Qualified disabled veteran means a disabled veteran who has the 
ability to perform the essential functions of the employment positions 
with or without reasonable accommodation.
    Recently separated veteran means any veteran during the three-year 
period beginning on the date of such veteran's discharge or release 
from active duty in the U.S. military, ground, naval, or air service.
    United States, means the 50 States, the District of Columbia, 
Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the 
U.S. Virgin Islands, and Wake Island.


22.1302  Policy.

    (a) Contractors and subcontractors, when entering into contracts or 
subcontracts subject to the Act, must--
    (1) List all employment openings, with the appropriate employment 
service delivery system where the opening occurs, except for--
    (i) Executive and senior management positions;
    (ii) Positions to be filled from within the contractor's 
organization; and
    (iii) Positions lasting three days or less.
    (2) Take affirmative action to employ, advance in employment, and 
otherwise treat qualified individuals, including qualified disabled 
veterans, without discrimination based upon their status as a disabled 
veteran, recently separated veteran, other protected veteran, and Armed 
Forces service medal veteran, in all employment practices.
    (b) Except for contracts for commercial items or contracts that do 
not exceed the simplified acquisition threshold, contracting officers 
must not obligate or expend funds appropriated for the agency for a 
fiscal year to enter into a contract for the procurement of personal 
property and nonpersonal services (including construction) with a 
contractor that has not submitted the required annual form VETS-100, 
Federal Contractor Veterans' Employment Report (VETS-100 Report and/or 
VETS-100A Report), with respect to the preceding fiscal year if the 
contractor was subject to the reporting requirements of 38 U.S.C. 
4212(d) for that fiscal year.


22.1303  [Amended]

0
5. Amend section 22.1303 by removing from paragraph (b) ``Special 
Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible''; 
and removing from paragraph (c) ``VETS-100 Report'' and adding ``VETS-
100A Report'' in its place.

0
6. Amend section 22.1304 by revising the introductory text, and 
paragraph (a) to read as follows:


22.1304  Procedures.

    To verify if a proposed contractor is current with its submission 
of the VETS-100 and/or the VETS-100A Report, the contracting officer 
may--
    (a) Query the Department of Labor's VETS-100 Database via the 
Internet at http://www.vets100.com/login.aspx. Contracting officer 
organization, name, e-mail, telephone, and password information are 
required on the Contracting Officer Registration page to register for 
system use.
* * * * *

0
7. Amend section 22.1305 by revising the introductory text of paragraph 
(a) to read as follows:


22.1305  Waivers.

    (a) The Director, Office of Federal Contract Compliance Programs, 
Department of Labor, may waive any or all of the terms of the clause at 
52.222-35, Equal Opportunity for Veterans, for--
* * * * *

0
8. Revise section 22.1306 to read as follows:


22.1306  Department of Labor notices and reports.

    (a) The contracting officer must furnish to the contractor 
appropriate notices for posting when they are prescribed by the Deputy 
Assistant Secretary of Labor (see http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm.
    (b) The Act requires contractors and subcontractors to submit a 
report at least annually to the Secretary of Labor regarding employment 
of disabled veterans, recently separated veterans, other protected 
veterans, and Armed Forces service medal veterans, unless all of the 
terms of the clause at 52.222-35, Equal Opportunity for Veterans, have 
been waived (see 22.1305). The contractor and subcontractor must use 
form VETS-100A, Federal Contractor Veterans' Employment Report, to 
submit the required reports (see https://vets100.vets.dol.gov).


22.1307  [Amended]

0
9. Amend section 22.1307 by removing the words ``Special Disabled 
Veterans, Veterans of the Vietnam Era, and Other Eligible''.

0
10. Revise section 22.1308 to read as follows:


22.1308  Complaint procedures.

    Following agency procedures, the contracting office must forward 
any complaints received about the administration of the Act to the 
Veterans' Employment and Training

[[Page 60252]]

Service of the Department of Labor, or to the Director, Office of 
Federal Contract Compliance Programs, 200 Constitution Avenue, NW., 
Washington, DC 20210, or to any OFCCP regional, district, or area 
office or through the local Veterans' Employment Representative or 
designee, at the local State employment office. The Director, Office of 
Federal Contract Compliance Programs, is responsible for investigating 
complaints.

0
11. Amend section 22.1309 by revising the introductory text, and 
paragraph (a) to read as follows:


22.1309  Actions because of noncompliance.

    The contracting officer must take necessary action as soon as 
possible upon notification by the appropriate agency official to 
implement any sanctions imposed on a contractor by the Department of 
Labor for violations of the clause at 52.222-35, Equal Opportunity for 
Veterans. These sanctions (see 41 CFR 60-300.66) may include--
    (a) Withholding progress payments;
* * * * *

0
12. Amend section 22.1310 by revising paragraphs (a) and (b) to read as 
follows:


22.1310  Solicitation provision and contract clauses.

    (a)(1) Insert the clause at 52.222-35, Equal Opportunity for 
Veterans, in solicitations and contracts if the expected value is 
$100,000 or more, except when--
    (i) Work is performed outside the United States by employees 
recruited outside the United States; or
    (ii) The Director, Office of Federal Contract Compliance Programs, 
has waived, in accordance with 22.1305(a) or the head of the agency has 
waived, in accordance with 22.1305(b) all of the terms of the clause.
    (2) If the Director, Office of Federal Contract Compliance 
Programs, or the head of the agency waives one or more (but not all) of 
the terms of the clause, use the basic clause with its Alternate I.
    (b) Insert the clause at 52.222-37, Employment Reports on Veterans, 
in solicitations and contracts containing the clause at 52.222-35, 
Equal Opportunity for Veterans.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
13. Amend section 52.212-5 by revising the date of the clause, 
paragraphs (b)(24), (b)(26), and (e)(1)(v); and the date of Alternate 
II and paragraph (e)(1)(ii)(E) of Alternate II to read as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2010)

* * * * *
    (b) * * *
    ----(24) 52.222-35, Equal Opportunity for Veterans (SEP 2010) 
(38 U.S.C. 4212).
* * * * *
    ----(26) 52.222-37, Employment Reports on Veterans (SEP 2010) 
(38 U.S.C. 4212).
* * * * *
    (e)(1) * * *
    (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 
U.S.C. 4212).
* * * * *
    Alternate II (SEP 2010). * * *
* * * * *
    (e)(1) * * *
    (ii) * * *
    (E) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 
U.S.C. 4212).
* * * * *

0
14. Amend section 52.213-4 by revising the date of the clause, and 
paragraphs (a)(2)(vii), (b)(1)(iii) and (b)(1)(v) to read as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

* * * * *

TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL 
ITEMS) (SEP 2010)

    (a) * * *
    (2) * * *
    (vii) 52.244-6, Subcontracts for Commercial Items (SEP 2010).
* * * * *
    (b) * * *
    (1) * * *
    (iii) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 
U.S.C. 4212) (applies to contracts of $100,000 or more).
* * * * *
    (v) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 
U.S.C. 4212) (applies to contracts of $100,000 or more).
* * * * *

0
15. Revise section 52.222-35 to read as follows:


52.222-35  Equal Opportunity for Veterans.

    As prescribed in 22.1310(a)(1), insert the following clause:

EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

    (a) Definitions. As used in this clause--
    All employment openings means all positions except executive and 
senior management, those positions that will be filled from within 
the Contractor's organization, and positions lasting 3 days or less. 
This term includes full-time employment, temporary employment of 
more than 3 days duration, and part-time employment.
    Armed Forces service medal veteran means any veteran who, while 
serving on active duty in the U.S. military, ground, naval, or air 
service, participated in a United States military operation for 
which an Armed Forces service medal was awarded pursuant to 
Executive Order 12985 (61 FR 1209).
    Disabled veteran means--
    (1) A veteran of the U.S. military, ground, naval, or air 
service, who is entitled to compensation (or who but for the receipt 
of military retired pay would be entitled to compensation) under 
laws administered by the Secretary of Veterans Affairs; or
    (2) A person who was discharged or released from active duty 
because of a service-connected disability.
    Executive and senior management means--(1) Any employee--
    (i) Compensated on a salary basis at a rate of not less than 
$455 per week (or $380 per week, if employed in American Samoa by 
employers other than the Federal Government), exclusive of board, 
lodging or other facilities;
    (ii) Whose primary duty consists of the management of the 
enterprise in which the individual is employed or of a customarily 
recognized department or subdivision thereof;
    (iii) Who customarily and regularly directs the work of two or 
more other employees; and
    (iv) Who has the authority to hire or fire other employees or 
whose suggestions and recommendations as to the hiring or firing and 
as to the advancement and promotion or any other change of status of 
other employees will be given particular weight; or
    (2) Any employee who owns at least a bona fide 20-percent equity 
interest in the enterprise in which the employee is employed, 
regardless of whether the business is a corporate or other type of 
organization, and who is actively engaged in its management.
    Other protected veteran means a veteran who served on active 
duty in the U.S. military, ground, naval, or air service, during a 
war or in a campaign or expedition for which a campaign badge has 
been authorized under the laws administered by the Department of 
Defense.
    Positions that will be filled from within the Contractor's 
organization means employment openings for which the Contractor will 
give no consideration to persons outside the Contractor's 
organization (including any affiliates, subsidiaries, and parent 
companies) and includes any openings the Contractor proposes to fill 
from regularly established ``recall'' lists. The exception does not 
apply to a particular opening once an

[[Page 60253]]

employer decides to consider applicants outside of its organization.
    Qualified disabled veteran means a disabled veteran who has the 
ability to perform the essential functions of the employment 
positions with or without reasonable accommodation.
    Recently separated veteran means any veteran during the three-
year period beginning on the date of such veteran's discharge or 
release from active duty in the U.S. military, ground, naval or air 
service.
    (b) General. (1) The Contractor shall not discriminate against 
any employee or applicant for employment because the individual is a 
disabled veteran, recently separated veteran, other protected 
veterans, or Armed Forces service medal veteran, regarding any 
position for which the employee or applicant for employment is 
qualified. The Contractor shall take affirmative action to employ, 
advance in employment, and otherwise treat qualified individuals, 
including qualified disabled veterans, without discrimination based 
upon their status as a disabled veteran, recently separated veteran, 
Armed Forces service medal veteran, and other protected veteran in 
all employment practices including the following:
    (i) Recruitment, advertising, and job application procedures.
    (ii) Hiring, upgrading, promotion, award of tenure, demotion, 
transfer, layoff, termination, right of return from layoff and 
rehiring.
    (iii) Rate of pay or any other form of compensation and changes 
in compensation.
    (iv) Job assignments, job classifications, organizational 
structures, position descriptions, lines of progression, and 
seniority lists.
    (v) Leaves of absence, sick leave, or any other leave.
    (vi) Fringe benefits available by virtue of employment, whether 
or not administered by the Contractor.
    (vii) Selection and financial support for training, including 
apprenticeship, and on-the-job training under 38 U.S.C. 3687, 
professional meetings, conferences, and other related activities, 
and selection for leaves of absence to pursue training.
    (viii) Activities sponsored by the Contractor including social 
or recreational programs.
    (ix) Any other term, condition, or privilege of employment.
    (2) The Contractor shall comply with the rules, regulations, and 
relevant orders of the Secretary of Labor issued under the Vietnam 
Era Veterans' Readjustment Assistance Act of 1972 (the Act), as 
amended (38 U.S.C. 4211 and 4212).
    (3) The Department of Labor's regulations require contractors 
with 50 or more employees and a contract of $100,000 or more to have 
an affirmative action program for veterans. See 41 CFR part 60-300, 
subpart C.
    (c) Listing openings. (1) The Contractor shall immediately list 
all employment openings that exist at the time of the execution of 
this contract and those which occur during the performance of this 
contract, including those not generated by this contract, and 
including those occurring at an establishment of the Contractor 
other than the one where the contract is being performed, but 
excluding those of independently operated corporate affiliates, at 
an appropriate employment service delivery system where the opening 
occurs. Listing employment openings with the State workforce agency 
job bank or with the local employment service delivery system where 
the opening occurs shall satisfy the requirement to list jobs with 
the appropriate employment service delivery system.
    (2) The Contractor shall make the listing of employment openings 
with the appropriate employment service delivery system at least 
concurrently with using any other recruitment source or effort and 
shall involve the normal obligations of placing a bona fide job 
order, including accepting referrals of veterans and nonveterans. 
This listing of employment openings does not require hiring any 
particular job applicant or hiring from any particular group of job 
applicants and is not intended to relieve the Contractor from any 
requirements of Executive orders or regulations concerning 
nondiscrimination in employment.
    (3) Whenever the Contractor becomes contractually bound to the 
listing terms of this clause, it shall advise the State workforce 
agency in each State where it has establishments of the name and 
location of each hiring location in the State. As long as the 
Contractor is contractually bound to these terms and has so advised 
the State agency, it need not advise the State agency of subsequent 
contracts. The Contractor may advise the State agency when it is no 
longer bound by this contract clause.
    (d) Applicability. This clause does not apply to the listing of 
employment openings that occur and are filled outside the 50 States, 
the District of Columbia, Puerto Rico, the Northern Mariana Islands, 
American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
    (e) Postings. (1) The Contractor shall post employment notices 
in conspicuous places that are available to employees and applicants 
for employment.
    (2) The employment notices shall--
    (i) State the rights of applicants and employees as well as the 
Contractor's obligation under the law to take affirmative action to 
employ and advance in employment qualified employees and applicants 
who are disabled veterans, recently separated veterans, Armed Forces 
service medal veterans, and other protected veterans; and
    (ii) Be in a form prescribed by the Director, Office of Federal 
Contract Compliance Programs, and provided by or through the 
Contracting Officer.
    (3) The Contractor shall ensure that applicants or employees who 
are disabled veterans are informed of the contents of the notice 
(e.g., the Contractor may have the notice read to a visually 
disabled veteran, or may lower the posted notice so that it can be 
read by a person in a wheelchair).
    (4) The Contractor shall notify each labor union or 
representative of workers with which it has a collective bargaining 
agreement, or other contract understanding, that the Contractor is 
bound by the terms of the Act and is committed to take affirmative 
action to employ, and advance in employment, qualified disabled 
veterans, recently separated veterans, other protected veterans, and 
Armed Forces service medal veterans.
    (f) Noncompliance. If the Contractor does not comply with the 
requirements of this clause, the Government may take appropriate 
actions under the rules, regulations, and relevant orders of the 
Secretary of Labor. This includes implementing any sanctions imposed 
on a contractor by the Department of Labor for violations of this 
clause (52.222-35, Equal Opportunity for Veterans). These sanctions 
(see 41 CFR 60-300.66) may include--
    (1) Withholding progress payments;
    (2) Termination or suspension of the contract; or
    (3) Debarment of the contractor.
    (g) Subcontracts. The Contractor shall insert the terms of this 
clause in subcontracts of $100,000 or more unless exempted by rules, 
regulations, or orders of the Secretary of Labor. The Contractor 
shall act as specified by the Director, Office of Federal Contract 
Compliance Programs, to enforce the terms, including action for 
noncompliance.


(End of clause)

    Alternate I (Dec 2001). As prescribed in 22.1310(a)(2), add the 
following as a preamble to the clause:
    Notice: The following term(s) of this clause are waived for this 
contract: ------------------------ [List term(s)].
    16. Revise section 52.222-37 to read as follows:


52.222-37  Employment Reports on Veterans.

    As prescribed in 22.1310(b), insert the following clause:

EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

    (a) Definitions. As used in this clause, ``Armed Forces service 
medal veteran,'' ``disabled veteran,'' ``other protected veteran,'' 
and ``recently separated veteran,'' have the meanings given in the 
Equal Opportunity for Veterans clause 52.222-35.
    (b) Unless the Contractor is a State or local government agency, 
the Contractor shall report at least annually, as required by the 
Secretary of Labor, on--
    (1) The total number of employees in the contractor's workforce, 
by job category and hiring location, who are disabled veterans, 
other protected veterans, Armed Forces service medal veterans, and 
recently separated veterans.
    (2) The total number of new employees hired during the period 
covered by the report, and of the total, the number of disabled 
veterans, other protected veterans, Armed Forces service medal 
veterans, and recently separated veterans; and
    (3) The maximum number and minimum number of employees of the 
Contractor or subcontractor at each hiring location during the 
period covered by the report.
    (c) The Contractor shall report the above items by completing 
the Form VETS-100A,

[[Page 60254]]

entitled ``Federal Contractor Veterans' Employment Report (VETS-100A 
Report).''
    (d) The Contractor shall submit VETS-100A Reports no later than 
September 30 of each year.
    (e) The employment activity report required by paragraphs (b)(2) 
and (b)(3) of this clause shall reflect total new hires, and maximum 
and minimum number of employees, during the most recent 12-month 
period preceding the ending date selected for the report. 
Contractors may select an ending date--
    (1) As of the end of any pay period between July 1 and August 31 
of the year the report is due; or
    (2) As of December 31, if the Contractor has prior written 
approval from the Equal Employment Opportunity Commission to do so 
for purposes of submitting the Employer Information Report EEO-1 
(Standard Form 100).
    (f) The number of veterans reported must be based on data known 
to the contractor when completing the VETS-100A. The contractor's 
knowledge of veterans status may be obtained in a variety of ways, 
including an invitation to applicants to self-identify (in 
accordance with 41 CFR 60-300.42), voluntary self-disclosure by 
employees, or actual knowledge of veteran status by the contractor. 
This paragraph does not relieve an employer of liability for 
discrimination under 38 U.S.C. 4212.
    (g) The Contractor shall insert the terms of this clause in 
subcontracts of $100,000 or more unless exempted by rules, 
regulations, or orders of the Secretary of Labor.


(End of clause)


0
17. Amend section 52.222-38 by revising the date of the provision and 
the provision to read as follows:


52.222-38  Compliance with Veterans' Employment Reporting Requirements.

* * * * *

COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010)

    By submission of its offer, the offeror represents that, if it 
is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., 
if it has any contract containing Federal Acquisition Regulation 
clause 52.222-37, Employment Reports on Veterans), it has submitted 
the most recent VETS-100A Report required by that clause.


(End of provision)


0
18. Amend section 52.244-6 by revising the date of the clause and 
paragraph (c)(1)(v) to read as follows:


52.244-6  Subcontracts for Commercial Items.

* * * * *

SUBCONTRACTS FOR COMMERCIAL ITEMS (SEP 2010)

* * * * *
    (c)(1) * * *
    (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 
U.S.C. 4212(a));
* * * * *
[FR Doc. 2010-24218 Filed 9-28-10; 8:45 am]
BILLING CODE 6820-EP-P