(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 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
[[Page 175]]
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.
