**FAA Acquisition Management System Clauses**

**Change 43 -- April 2007**

This document transmits changes to FAA Acquisition Management System
clauses and provisions. Unless otherwise specified, these changes are
effective April 9, 2007 and apply to all screening information requests
and contracts issued after April 9, 2007.

**A. CLAUSES REVISED**

3.6.1-4 Small, Small Disadvantaged, Women-Owned and Service-Disabled
Veteran Owned Small Business Subcontracting Plan

3.6.2-12 Affirmative Action for Special Disabled and Vietnam Era
Veterans

3.6.2-14 Employment Reports on Special Disabled Veterans and Veterans of
Vietnam Era

**B. CLAUSES ADDED**

3.6.1-12 Notice of Service Disabled Veteran Owned Small Business
Set-Aside

3.6.2-37 Notification of Employees Rights Concerning Payment of Union
Dues or Fees

**C. CLAUSES REMOVED**

3.6.4-12 European Union Sanction for End Products

3.6.4-13 European Union Sanction for Services

**D. PRESCRIPTIONS CHANGED/ADDED**

3.6.1-12 Notice of Service Disabled Veteran Owned Small Business
Set-Aside

3.6.2-37 Notification of Employees Rights Concerning Payment of Union
Dues or Fees

**E. ATTACHMENT**

Text of revised and added clauses.

**ATTACHMENT**

**3.6.1-4 Small, Small Disadvantaged, Women-Owned and Service-Disabled
Veteran Owned Small Business Subcontracting Plan (April 2007)**

\(a\) This clause does not apply to small business concerns.\
\
(b) Definitions:\
\
(1) Commercial product, as used in this clause, means a product in
regular production that is sold in substantial quantities to the general
public and/or industry at established catalog or market prices. It also
means a product which, in the opinion of the Contracting Officer,
differs only insignificantly from the Contractor\'s commercial product.\
\
(2) Subcontract, as used in this clause, means any agreement (other than
one involving an employer-employee relationship) entered into by a
Federal Government prime Contractor or subcontractor calling for
supplies or services required for performance of the contract or
subcontract.\
\
(3) The terms \"small disadvantaged business and small business concern
owned and controlled by socially and economically disadvantaged
individuals\" shall mean a small business concern:\
\
(i) Which is at least 51 percent unconditionally owned by one or more
socially and economically disadvantaged individuals; or, in the case of
any publicly owned business at least 51 percentum of the stock of which
is unconditionally owned by one or more socially and economically
disadvantaged individuals; and\
\
(ii) Whose management and daily business operations are controlled by
one or more of such individuals.\
\
(iii) This term also means a small business concern that is at least 51
percent unconditionally owned by an economically disadvantaged Indian
tribe or Native Hawaiian Organization, or a publicly owned business
having at least 51 percent of its stock unconditionally owned by one of
these entities which has its management and daily business controlled by
members of an economically disadvantaged Indian tribe or Native Hawaiian
Organization. The Contractor shall presume that socially and
economically disadvantaged individuals include Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian
Americans and other minorities, or any other individual found to be
disadvantaged by the FAA. The contractor shall presume that socially and
econmically disadvantaged entities also include Indian Tribes and Native
Hawaiian Organizations\
\
(4) The term \"small business concern owned and controlled by women\"
shall mean a small business concern:\
\
(i) Which is at least 51 percent owned by one or more women or in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and\
\
(ii) Whose management and daily business operations are controlled by
one or more women.\
\
(5) The term \"service disabled veteran owned small business concern\"
shall mean a small business that is 51 percent owned and controlled by a
service disabled veteran(s).\
\
\
(c) The offeror, upon request by the Contracting Officer, shall submit
and negotiate a subcontracting plan, where applicable, which separately
addresses subcontracting with small business concerns, with small
disadvantaged business concerns, with women-owned small business
concerns, and with service- disabled veteran owned small business
concerns. If the offeror is submitting an individual contract plan, the
plan must separately address subcontracting with small business
concerns, small disadvantaged business concerns, women-owned small
business concerns and service-disabled veteran owned small business
concerns with a separate part for the basic contract and separate parts
for each option (if any). The plan shall be included in and made a part
of the resultant contract. The subcontracting plan shall be negotiated
within the time specified by the Contracting Officer. Failure to submit
and negotiate the subcontracting plan shall make the offeror ineligible
for award of a contract.\
\
(d) The offeror\'s subcontracting plan shall include the following:\
\
(1) Goals, expressed in terms of percentages of total planned
subcontracting dollars, for the use of small business concerns, small
disadvantaged business concerns, women-owned small business concerns,
and service-disabled veteran owned small business concerns as
subcontractors. The offeror shall include all subcontracts that
contribute to contract performance, and may include a proportionate
share of products and services that are normally allocated as indirect
costs.\
\
(2) A statement of\--\
\
(i) Total dollars planned to be subcontracted;\
\
(ii) Total dollars planned to be subcontracted to small business
concerns;\
\
(iii) Total dollars planned to be subcontracted to small disadvantaged
business concerns;\
\
(iv) Total dollars planned to be subcontracted to women-owned small
business concerns: and\
\
(v) Total dollars planned to be subcontracted to service-disabled
veteran owned small business concerns.\
\
(3) A description of the principal types of supplies and services to be
subcontracted, and an identification of the types planned for
subcontracting to\
\
(i) small business concerns,\
\
(ii) small disadvantaged business concerns,\
\
(iii) women-owned small business concerns and\
\
(iv) service-disabled veteran owned small business concerns.\
\
(4) A description of the method used to develop the subcontracting goals
in paragraph (d)(1) of this clause.\
\
(5) A description of the method used to identify potential sources for
solicitation purposes (e.g., existing company source lists, the
Procurement Automated Source System (PASS) of the Small Business
Administration, the National Minority Purchasing Council Vendor
Information Service, the Research and Information Division of the
Minority Business Development Agency in the Department of Commerce, or
small, small disadvantaged and women- owned small business concerns
trade associations). A firm may rely on the information contained in
PASS as an accurate representation of a concern\'s size and ownership
characteristics for purposes of maintaining a small business source
list. A firm may rely on PASS as its small business source list. Use of
the PASS as its source list does not relieve a firm of its
responsibilities (e.g., outreach, assistance, counseling, publicizing
subcontracting opportunities) in this clause.\
\
(6) A statement as to whether or not the offeror included indirect costs
in establishing subcontracting goals, and a description of the method
used to determine the proportionate share of indirect costs to be
incurred with\
\
(i) small business concerns,\
\
(ii) small disadvantaged business concerns,\
\
(iii) women-owned small business concerns and\
\
(iv) service-disabled veteran owned small business concerns.\
\
(7) The name of the individual employed by the offeror who will
administer the offeror\'s subcontracting program, and a description of
the duties of the individual.\
\
(8) A description of the efforts the offeror will make to assure that
small, small disadvantaged, women-owned, service-disabled veteran owned
small business concerns have an equitable opportunity to compete for
subcontracts.\
\
(9) Assurances that the offeror will include the clause in this contract
titled \`\`Utilization of Small, Small Disadvantaged, Women-Owned, and
Service-Disabled Veteran Owned Small Business Concerns\' in all
subcontracts that offer further subcontracting opportunities, and that
the offeror will require all subcontractors (except small business
concerns) who receive subcontracts in excess of \$550,000 (\$1,000,000
for construction of any public facility) to adopt a plan similar to the
plan agreed to by the offeror.\
\
(10) Assurances that the offeror will:\
\
(i) Cooperate in any studies or surveys as may be required,\
\
(ii) Submit periodic reports in order to allow the Government to
determine the extent of compliance by the offeror with the
subcontracting plan,\
\
(iii) Submit SF 294, Subcontracting Report for Individual Contracts, in
accordance with the instructions on the SF 294. Submit SF 295, Summary
Subcontract Report, in accordance with the instructions on the SF 295
and forward a copy of the SF 295 to the FAA Air Traffic Organization,
Acquisition and Business Services, Small Business Development Office
located at 800 Independence Ave., S.W., Washington, D.C. 20591, Room
715, AJA-8; and\
\
(iv) Ensure that its subcontractors agree to submit Subcontracting
Reports for Individual Contracts and Standard Form 295.\
\
(11) A recitation of the types of records the offeror will maintain to
demonstrate procedures that have been adopted to comply with the
requirements and goals in the plan, including establishing source lists;
and a description of its efforts to locate small, small disadvantaged,
women-owned, and service-disabled veteran owned small business concerns
and award subcontracts to them. The records shall include at least the
following (on a plant-wide or company-wide basis, unless otherwise
indicated):\
\
(i) Source lists (e.g., PASS), guides, and other data that identify
small, small disadvantaged, women-owned and service-disabled veteran
owned small business concerns.\
\
(ii) Organizations contacted in an attempt to locate sources that are
small, small disadvantaged women-owned, or service-disabled veteran
owned small business concerns.\
\
(iii) Records on each subcontract solicitation resulting in an award of
more than \$100,000, indicating\
\
(A) Whether small business concerns were solicited and if not, why not,\
\
(B) Whether small disadvantaged business concerns were solicited and if
not, why not,\
\
(C) Whether women-owned small business concerns were solicited and if
not, why not,\
\
(D) Whether service-disabled veteran owned small business concerns were
solicited and if not, why not, and\
\
(E) If applicable, the reason award was not made to a small business
concern.\
\
(iv) Records of any outreach efforts to contact the following:\
\
(A) Trade associations,\
\
(B) Business development organizations, and\
\
(C) Conferences and trade fairs to locate small, small disadvantaged,
women-owned, and service-disabled small business sources.\
\
(v) Records of internal guidance and encouragement provided to buyers
through\
\
(A) Workshops, seminars, training, etc., and\
\
(B) Monitoring performance to evaluate compliance with the program\'s
requirements.\
\
(vi) On a contract-by-contract basis, records to support award data
submitted by the offeror to the Government, including the name, address,
and business size of each subcontractor. Contractors having company or
division-wide annual plans need not comply with this requirement.\
\
(e) In order to effectively implement this plan to the extent consistent
with efficient contract performance, the Contractor shall perform the
following functions:\
\
(1) Assist small, small disadvantaged, women-owned, and service-disabled
veteran owned small business concerns by arranging solicitations, time
for the preparation of bids, quantities, specifications, and delivery
schedules so as to facilitate the participation by such concerns. Where
the contractor\'s lists of potential small, small disadvantaged,
women-owned, and service-disabled veteran owned small business
subcontractors are excessively long, reasonable effort shall be made to
give all such small business concerns an opportunity to compete over a
period of time.\
\
(2) Provide adequate and timely consideration of the potentialities of
small, small disadvantaged, women-owned, and service-disabled veteran
owned small business concerns in all \`\`make-or-buy\' decisions.\
\
(3) Counsel and discuss subcontracting opportunities with
representatives of small, small disadvantaged, women-owned, and
service-disabled veteran owned small business concerns,.\
\
(4) Provide notice to subcontractors concerning penalties and remedies
for misrepresentations of business status as small, small disadvantaged,
women-owned or service-disabled veteran owned small business for the
purpose of obtaining a subcontract that is to be included as part or all
of a goal contained in the Contractor\'s subcontracting plan.\
\
(f) A master subcontracting plan on a plant or division-wide basis which
contains all the elements required by (d) above, except goals, may be
incorporated by reference as a part of the subcontracting plan required
of the offeror by this clause; provided:\
\
(1) The master plan has been approved,\
\
(2) The offeror provides copies of the approved master plan and evidence
of its approval to the Contracting Officer, and\
\
(3) Goals and any deviations from the master plan deemed necessary by
the Contracting Officer to satisfy the requirements of this contract are
set forth in the individual subcontracting plan.\
\
(g)\
\
(1) If a commercial product is offered, the subcontracting plan required
by this clause may relate to the offeror\'s production generally, for
both commercial and noncommercial products, rather than solely to the
Government contract. In these cases, the offeror shall, with the
concurrence of the Contracting Officer, submit one company-wide or
division-wide annual plan.\
\
(2) The annual plan shall be reviewed for approval by the agency
awarding the offeror its first prime contract requiring a subcontracting
plan during the fiscal year, or by an agency satisfactory to the
Contracting Officer.\
\
(3) The approved plan shall remain in effect during the offeror\'s
fiscal year for all of the offeror\'s commercial products.\
\
(h) Prior compliance of the offeror with other such subcontracting plans
under previous contracts will be considered by the Contracting Officer
in determining the responsibility of the offeror for award of the
contract.\
\
(i) The failure of the Contractor or subcontractor to comply in good
faith with (1) the clause of this contract titled \"Utilization Of
Small, Small Disadvantaged, Women-Owned, and Service-Disabled Veteran
Owned Small Business Concerns,\" or (2) an approved plan required by
this clause, shall be a material breach of the contract.\
\
(End of clause)

**[PRESCRIPTION]{.underline}**

Should be used in SIRs and contracts when there are potential
subcontracting opportunities

**3.6.1-12 Notice of Service-Disabled Veteran Owned Small Business
Set-Aside (April 2007)**

\(a\) Definition. Service-disabled veteran owned small business concern,
as used in this clause, means a concern, including its affiliates, that
is independently owned and operated by a service-disabled veteran, not
dominant in the field of operation in which it is bidding on government
contracts, and qualified as a small business under the North American
Industry Classification System (NAICS) standards in this Screening
Information Request (SIR).

\(b\) General.

\(1\) Information and/or offers are requested only from service-disabled
veteran owned small business concerns. Information and/or offers
received from concerns that are not service-disabled veteran owned small
business concerns shall be considered nonresponsive and will be
rejected.

\(2\) Any award resulting from this SIR will be to a service-disabled
veteran owned small business concern.

\(c\) Agreement. A manufacturer or regular dealer submitting information
and/or an offer in its own name agrees to furnish, in performing the
contract, only end items manufactured or produced by service-disabled
veteran owned small business concerns inside the United States, its
territories and possessions, the Commonwealth of Puerto Rico, the Trust
Territory of the Pacific Islands, or the District of Columbia. However,
this requirement does not apply in connection with construction or
service contracts.\
\
(End of clause)

**[PRESCRIPTION]{.underline}**

Must be used in SIRs and contracts involving total service-disabled
veteran owned small business set-asides.

**3.6.2-12 Affirmative Action for Special Disabled and Vietnam Era
Veterans (April 2007)**

\(a\) Definitions.\
\
(1) \"Appropriate office of the State employment service system,\" as
used in this clause, means the local office of the Federal-State
national system of public employment offices assigned to serve the area
where the employment opening is to be filled, including the District of
Columbia, Guam, Puerto Rico, Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands.\
\
(2) \"Openings that the Contractor proposes to fill from within its own
organization,\" as used in this clause, means employment openings for
which no one outside the Contractor\'s organization (including any
affiliates, subsidiaries, and the parent companies) will be considered
and includes any openings that the Contractor proposes to fill from
regularly established \'recall\' lists.\
\
(3) \"Openings that the Contractor proposes to fill under a customary
and traditional employer-union hiring arrangement,\" as used in this
clause, means employment openings that the Contractor proposes to fill
from union halls, under their customary and traditional employer-union
hiring relationship.\
\
(4) \"Suitable employment openings,\" as used in this clause\--(1)
Includes, but is not limited to, openings that occur in jobs categorized
as---\
\
(i) Production and nonproduction;\
(ii) Plant and office; (iii) Laborers and mechanics;\
(iv) Supervisory and nonsupervisory;\
(v) Technical; and\
(vi) Executive, administrative, and professional positions compensated
on a salary basis of less than \$25,000 a year; and (2) Includes
full-time employment, temporary employment of over 3 days, and part-time
employment, but not openings that the Contractor proposes to fill from
within its own organization or under a customary and traditional
employer-union hiring arrangement, nor openings in an educational
institution that are restricted to students of that institution.\
\
(b) General.\
\
(1) Regarding any position for which the employee or applicant for
employment is qualified, the Contractor shall not discriminate against
the individual because the individual is a special disabled or Vietnam
Era veteran. The Contractor agrees to take affirmative action to employ,
advance in employment and otherwise treat qualified special disabled and
Vietnam Era veterans without discrimination based upon their disability
or veterans\' status in all employment practices such as---\
(i) Employment;\
(ii) Upgrading;\
(iii) Demotion or transfer;\
(iv) Recruitment;\
(v) Advertising;\
(vi) Layoff or termination;\
(viii) Rates of pay or other forms of compensation; and\
(viii) Selection for training, including apprenticeship.\
\
(2) The Contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor (Secretary) issued under the
Vietnam Era Veterans\' Readjustment Assistance Act of 1972 (the Act), as
amended.\
\
(c) Listing openings.\
\
(1) The Contractor agrees to list all suitable employment openings
existing at contract award or occurring during contract performance, at
an appropriate office of the State employment service system in the
locality where the opening occurs. These openings include those
occurring at any Contractor facility, including one not connected with
performing this contract. An independent corporate affiliate is exempt
from this requirement.\
\
(2) State and local government agencies holding Federal contracts of
\$100,000 or more shall also list all their suitable openings with the
appropriate office of the State employment service.\
\
(3) The listing of suitable employment openings with the State
employment service system is required at least concurrently with using
any other recruitment source or effort and involves the obligations of
placing a bona fide job order, including accepting referrals of veterans
and nonveterans. This listing does not require hiring any particular job
applicant or hiring from any particular group of job applicants and is
not intended to relieve the Contractor from any requirements of
Executive orders or regulations concerning nondiscrimination in
employment.\
\
(4) Whenever the Contractor becomes contractually bound to the listing
terms of this clause, it shall advise the State employment service
system, in each State where it has establishments, of the name and
location of each hiring location in the State. As long as the Contractor
is contractually bound to these terms and has so advised the State
system, it need not advise the State system of subsequent contracts. The
Contractor may advise the State system when it is no longer bound by
this contract clause.\
\
(5) Under the most compelling circumstances, an employment opening may
not be suitable for listing, including situations when (i) the
Government\'s needs cannot reasonably be supplied, (ii) listing would be
contrary to national security, or (iii) the requirement of listing would
not be in the Government\'s interest.\
\
(d) Applicability.\
\
(1) This clause does not apply to the listing of employment openings
which occur and are filled outside the 50 States, the District of
Columbia, Puerto Rico, Guam, Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands.\
\
(2) The terms of paragraph (c) above of this clause do not apply to
openings that the Contractor proposes to fill from within its own
organization or under a customary and traditional employer-union hiring
arrangement. This exclusion does not apply to a particular opening once
an employer decides to consider applicants outside of its own
organization or employer-union arrangement for that opening.\
\
(e) Postings.\
\
(1) The Contractor agrees to post employment notices stating (i) the
Contractor\'s obligation under the law to take affirmative action to
employ and advance in employment qualified special disabled veterans and
veterans of the Vietnam era, and (ii) the rights of applicants and
employees.\
\
(2) These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. They shall be in a
form prescribed by the Director, Office of Federal Contract Compliance
Programs, Department of Labor (Director), and provided by or through the
Contracting Officer.\
\
(3) The Contractor shall notify each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of the
Act, and is committed to take affirmative action to employ, and advance
in employment, qualified special disabled and Vietnam Era veterans.\
\
(f) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under the
rules, regulations, and relevant orders of the Secretary issued pursuant
to the Act.\
\
(g) Subcontracts. The Contractor shall include the terms of this clause
in every subcontract or purchase order of \$100,000 or more unless
exempted by rules, regulations, or orders of the Secretary. The
Contractor shall act as specified by the Director to enforce the terms,
including action for noncompliance.\
\
(End of clause)

**[PRESCRIPTION]{.underline}**

Must be used in SIRs and contracts expected to exceed \$100,000, unless
the work will be performed outside the U.S. by non-U.S. employees or the
Contracting Officer has obtained an exemption from all of the terms of
the clause..

**3.6.2-14 Employment Reports on Special Disabled Veterans and Veterans
of Vietnam Era (April 2007)**

\(a\) The contractor shall report at least annually, as required by the
Secretary of Labor, on:\
\
(1) The number of special disabled veterans and the number of veterans
of the Vietnam era in the workforce of the contractor by job category
and hiring location; and\
\
(2) The total number of new employees hired during the period covered by
the report, and of that total, the number of special disabled veterans,
and the number of veterans of the Vietnam era.\
\
(b) The above items shall be reported by completing the form titled
\'Federal Contractor Veterans\' Employment Report VETS-100.\'\
\
(c) Reports shall be submitted no later than March 31 of each year
beginning March 31, 1988.\
\
(d) The employment activity report required by paragraph (a)(2) of this
clause shall reflect total hires during the most recent 12-month period
as of the ending date selected for the employment profile report
required by paragraph (a)(1) of this clause. Contractors may select an
ending date: (1) As of the end of any pay period during the period
January through March 1st of the year the report is due, or (2) as of
December 31, if the contractor has previous written approval from the
Equal Employment Opportunity Commission to do so for purposes of
submitting the Employer Information Report EEO-1 (Standard Form 100).\
\
(e) The count of veterans reported according to paragraph (a) of this
clause shall be based on voluntary disclosure. Each contractor subject
to the reporting requirements at 38 U.S.C. 2012(d) shall invite all
special disabled veterans and veterans of the Vietnam era who wish to
benefit under the affirmative action program at 38 U.S.C. 2012 to
identify themselves to the contractor. The invitation shall state that
the information is voluntarily provided, that the information will be
kept confidential, that disclosure or refusal to provide the information
will not subject the applicant of employee to any adverse treatment and
that the information will be used only in accordance with the
regulations promulgated under 38 U.S.C. 2012.\
\
(f) Subcontracts. The Contractor shall include the terms of this clause
in every subcontract or purchase order of \$100,000 or more unless
exempted by rules, regulations, or orders of the Secretary.\
\
(End of clause)

**[PRESCRIPTION]{.underline}**

Must be used in SIRs and contracts containing clause 3.2.6-12.

**3.6.2-37 Notification of Employees Rights Concerning Payment of Union
Dues or Fees (April 2007)**

1\. During the term of this contract, the contractor agrees to post a
notice in conspicuous places in and about its plants and offices,
including all places where notices to employees are customarily posted.
The notice must include the following information \[except that the last
two sentences must not be included in notices posted in the plants or
offices of carriers subject to the Railway Labor Act, as amended (45
U.S.C. 151-188)\].

NOTICE TO EMPLOYEES

Under federal law, employees cannot be required to join a union or
maintain membership in a union in order to retain their jobs. Under
certain conditions, the law permits a union and an employer to enter
into a union-security agreement requiring employees to pay uniform
periodic dues and initiation fees. However, employees who are not union
members can object to the use of their payments for certain purposes and
can only be required to pay their share of union costs relating to
collective bargaining, contract administration, and grievance
adjustment. If you do not want to pay that portion of dues or fees used
to support activities not related to collective bargaining, contract
administration, or grievance adjustment, you are entitled to an
appropriate reduction in your payment. If you believe that you have been
required to pay dues or fees used in part to support activities not
related to collective bargaining, contract administration, or grievance
adjustment, you may be entitled to a refund and to an appropriate
reduction in future payments.

For further information concerning your rights, contact the National
Labor Relations Board (NLRB) either at one of its Regional offices or at
the following address:

National Labor Relations Board\
Division of Information\
1099 14th Street, NW\
Washington, D.C. 20570\
1-866-667-6572\
1-866-315-6572 (TTY)

To locate the nearest NLRB office, see NLRB\'s website at: www.nlrb.gov.

2\. The contractor will comply with all provisions of E.O. 13201 of
February 17, 2001, and related rules, regulations, and orders of the
Secretary of Labor.

3\. In the event that the contractor does not comply with any of the
requirements set forth in paragraphs (1) or (2) above, this contract may
be cancelled, terminated, or suspended in whole or in part, and the
contractor may be declared ineligible for further government contracts
in accordance with procedures authorized in or adopted pursuant to E.O.
13201 of February 17, 2001. Such other sanctions or remedies may be
imposed as are provided in E.O. 13201 of February 17, 2001, or by rule,
regulation, or order of the Secretary of Labor, or as are otherwise
provided by law.

4\. The contractor will include the provisions of paragraphs (1) through
(4) herein in every subcontract or purchase order entered into in
connection with this contract unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 3 of E.O.
13201 of February 17, 2001, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with
respect to any such subcontract or purchase order as may be directed by
the Secretary of Labor as a means of enforcing such provisions,
including the imposition of sanctions for noncompliance: However, if the
contractor becomes involved in litigation with a subcontractor or
vendor, or is threatened with such involvement, as a result of such
direction, the contractor may request the United States to enter into
such litigation to protect the interests of the United States.

(End of Clause)

**[PRESCRIPTION]{.underline}**

Must be used in all SIRs and contracts that exceed \$100,000 (including
all options).

**3.6.4-12** **RESERVED.**

**3.6.4-13** **RESERVED.**

**END OF CLAUSE CHANGE 43**