05-11

Procurement Information Circular


September 23, 2005

CONTRACTS FOR HURRICANE KATRINA RELIEF EFFORTS

 

PURPOSE:  To authorize deviations to certain FAR clauses necessary to implement temporary changes authorized by the Department of Labor for acquisitions for Hurricane Katrina relief efforts.

 

BACKGROUND:  By memorandum, dated September 9, 2005, the Deputy Assistant Secretary of Labor granted a limited exemption and waiver to some of the requirements of Executive Order 11246, as amended, Section 503 of the Rehabilitation Act, as amended, and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act, as amended, which require that Federal contracting agencies include in all covered contracts an equal employment opportunity clause.  In doing so, the Deputy Assistant Secretary noted that Office of Federal Contract Compliance Programs (OFCCP) regulations authorize him to exempt or waive a Federal contracting agency from requiring that any specific contract include any part of the equal opportunity clause when the Deputy Assistant Secretary deems special circumstances in the national interest require the exemption or waiver.  The memorandum of September 9, 2005, noted that the destruction caused by Hurricane Katrina presented special circumstances in the national interest justifying the limited exemption and waiver.

 

GUIDANCE:  The exemption and waiver relate to the requirement to develop written affirmative action programs under OFCCP regulations.  What follow are deviations to the equal opportunity clauses that NASA contracting officers may use in covered contracts to provide Hurricane Katrina relief.  Notwithstanding NASA’s use of these deviations to the equal opportunity clauses, Federal contractors will continue to be subject to the nondiscrimination requirements of the above noted laws administered by the OFCCP. 

 

FAR 52.222-26, add at the end of the clause:

Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the affirmative action program, prepare the reports, or provide the notices usually required under the regulations implementing Executive Order 11246, as amended.

 

FAR 52.222-35, add at the end of the clause:

Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the affirmative action program, prepare the reports, provide the notices, or list the job openings usually required under the regulations implementing Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act, as amended.

 

FAR 52.222-36, add at the end of the clause:

Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the affirmative actions program, prepare the reports, or provide the notices usually required under the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended.

 

When these changes are made to the clauses, insert “(DEVIATION)” after the clause date in accordance with FAR 52.103(a).

 

The foregoing does not relieve the contractor from the following FAR requirements:

 

Posting the “Equal Opportunity is the Law” notice;

Record keeping and record retention; and

Employment listings with the appropriate local employment service office.

 

The Deputy Assistant Secretary granted this exemption and waiver for a period of three months, subject to an extension should special circumstances in the national interest so require.  Moreover, his memorandum of September 9, 2005, stated the exemption and waiver pertained only to the three programs administered by OFCCP and not to any other programs or statutes administered by the Department of Labor.

 

EFFECTIVE DATE:  This guidance applies to all solicitations issued and all contracts awarded after the date of this PIC that are for Hurricane Katrina relief efforts.  This PIC shall remain in effect until December 9, 2005, unless the Deputy Assistant Secretary decides that special circumstances in the national interest require an extension of the exemption and waiver.

 

HEADQUARTERS CONTACT:  David Forbes, Contract Management Division, (202)358-2051, email: mailto:david.p.forbes@nasa.gov.

 

 

Tom Luedtke

Assistant Administrator for Procurement