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Interim Internal Purchasing Guidelines > 9 Labor Guidelines > 9.9 Employment of the Handicapped
9.9.1 General
The Postal Service complies with the Rehabilitation Act of 1973 (29 U.S.C.
702 et seq.), Executive Order 11758 of January 15, 1974, and the
implementing regulations of the Secretary of Labor (41 CFR 60-741). The Act
requires suppliers to take affirmative action to employ and advance qualified
individuals without discrimination as to their physical or mental handicaps.
9.9.2 Applicability
With the exceptions below, every contract for supplies or services (including
construction and transportation services) over $10,000 must include Clause
9-13, Affirmative Action for Handicapped Workers. Clause 9-13 is
incorporated by reference in Clause 4-2, and must be checked-off by the
contracting officer when applicable.
9.9.2.a Contracts with State and Local Government. The requirements of Clause
9-13 do not apply to any agency, instrumentality, or subdivision of the state or
local government that does not participate in work under the contract.
9.9.2.b Exemption. The VP, SM, may exempt any supplier or subcontractor (or any
group or category of supplier or subcontractor) from any provisions of Clause
9-13 in the Postal Service's interest. 9.9.2.c
9.9.2.c Request for Exemption. The contracting officer must submit a justification for
any proposed exemption to the VP, SM.
9.9.2.d Department of Labor Notices. Under Clause 9-13, the contracting officer must
supply the supplier with Department of Labor notices that state the supplier's
obligations and handicapped individuals' rights under the Employment of the
Handicapped program. These notices may be obtained from:
OFFICE OF INFORMATION
EMPLOYMENT STANDARDS ADMINISTRATION
DEPARTMENT OF LABOR
WASHINGTON DC 20210-0001
9.9.3 Collective Bargaining Agreements
When performance under Clause 9-13 requires revision of a collective
bargaining agreement, the unions that are parties to such agreements must
be advised that the Department of Labor will give them appropriate
opportunity to express their views. Neither the contracting officer nor any
representative of the contracting officer may discuss with representatives of
the supplier or of labor any aspects of the collective bargaining agreements.
9.9.4 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.
9.9.5 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 9-13, the contracting officer must put the sanctions into
effect as soon as possible.
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