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Code of Federal Regulations Pertaining to ESA

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Title 41  

Public Contracts and Property Management


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Chapter 60  

Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor



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Part 60-741  

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities




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Subpart D  

General Enforcement and Complaint Procedures

41 CFR 60-741.68 - Reinstatement of ineligible contractors.

  • Section Number: 60-741.68
  • Section Name: Reinstatement of ineligible contractors.

    (a) Application for reinstatement. A contractor debarred from 
further contracts for an indefinite period under the act may request 
reinstatement in a letter filed with the Deputy Assistant Secretary at 
any time after the effective date of the debarment; a contractor 
debarred for a fixed period may make such a request following the 
expiration of six months from the effective date of the debarment. In 
connection with the reinstatement proceedings, all debarred contractors 
shall be required to show that they have established and will carry out 
employment policies and practices in compliance with the act and this 
part. Additionally, in determining whether reinstatement is appropriate 
for a contractor debarred for a fixed period, the Deputy Assistant 
Secretary also shall consider, among other factors, the severity of the 
violation which resulted in the debarment, the contractor's attitude 
towards compliance, the contractor's past compliance history, and 
whether the contractor's reinstatement would impede the effective 
enforcement of the act or this part. Before reaching a decision, the Deputy 
Assistant Secretary may conduct a compliance evaluation of the contractor 
and may require the contractor to supply additional information regarding the 
request for reinstatement. The Deputy Assistant Secretary shall issue a 
written decision on the request.
    (b) Petition for review. Within 30 days of its receipt of a decision 
denying a request for reinstatement, the contractor may file a petition 
for review of the decision with the Secretary. The petition shall set 
forth the grounds for the contractor's objections to the Deputy 
Assistant Secretary's decision. The petition shall be served on the 
Deputy Assistant Secretary and the Associate Solicitor for Civil Rights 
and shall include the decision as an appendix. The Deputy Assistant 
Secretary may file a response within 14 days to the petition. The 
Secretary shall issue the final agency decision denying or granting the 
request for reinstatement. Before reaching a final decision, the 
Secretary may issue such additional orders respecting procedure as he or 
she finds appropriate in the circumstances, including an order referring 
the matter to the Office of Administrative Law Judges for an evidentiary 
hearing where there is a material factual dispute that cannot be 
resolved on the record before the Secretary.
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