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9.10 Veterans

9.10.1 Requirement

The Vietnam Era Veterans Readjustment Assistance Act of 1972 (38 U.S.C. 4212), Executive Order 11701 of January 23, 1973, the Veterans Employment Opportunities Act of 1999, and the implementing regulations of the Secretary of Labor (41 CFR 60-250) require suppliers to take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based on their disability or veterans' status, and to list all employment openings with appropriate local employment services.

9.10.2 Applicability

9.10.2.a General. Except as provided in 9.10.2.b, every contract for supplies or services (including utility, construction, and transportation services) or for the use of real or personal property (including lease arrangements) in the amount of $25,000 or more must include Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era, which is included in Clause 4-2, and must be checked-off by the contracting officer as applicable. No contracting officer, supplier, or subsupplier may purchase quantities of supplies or services in less-than-normal quantities to avoid application of Clause 9-14.

9.10.2.b Reports. Contracts may not be awarded to suppliers that have not submitted an annual Form VETS-100, Federal Contractor Veterans' Employment Report. To determine whether a report has been submitted, contracting officers must:

1. Query the Department of Labor's VETS-100 Database via the Internet at www.vets100.cudenver.edu/vets100search.htm using the validation code "vets" to proceed with the search in the database; or

2. Contract the VETS-100 reporting system via email at verify@vets100.com for confirmation, if the supplier represents that it has submitted the VETS-100 Report and is not listed in the database.

9.10.2.c Exceptions

9.10.2.d Request for Exemption. The contracting officer must submit a detailed justification for any proposed exemption to the VP, SM, for submission through channels to the Postmaster General and the Director, OFCCP.

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9.10.3 Department of Labor Notices

The contracting officer must furnish the supplier appropriate notices for posting when such notices are prescribed by the Director, OFCCP.

9.10.4 Complaints

The contracting officer must forward any complaint concerning the Act through channels to the VP, SM. No investigation or attempt to resolve the complaint may be made without specific instructions from the VP, SM.

9.10.5 Department of Labor Sanctions

When Supply Management Infrastructure is notified that the Department of Labor has imposed sanctions on a supplier (such as withholding progress payments, terminating or suspending the contract, or debarring the supplier) for violation of Clause 9-14, the contracting officer must put the sanctions into effect as soon as possible.

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