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B-167015 1 (1974-07-02)

handle is hein.gao/gaobaadyt0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 B-167015 July 2, 1974 The Honorable The Secretary of Labor Dear Mr. Secretary: Reference is made to a letter dated March 28, 1974, from Mr. Philip J. Davis, Director, Office of Federal Contract Compliance (OFCC) requestin, our Office to review the equal emplon,.aint opportunity (EEO) reRulations for public contracts of the State of Illinois, prescribed by the Illinois i'air Employment Practices Coamnission, and to determine whether these regulations are in violation of the basic principles of Federal procurement law. Enclosed is a copy of our decision of today holding that these re-ulations are inconsistent with the basic principles of Federal procurvemnt law. 0-jr review of this case revealed that these regulations were apparently roughly patterned after OFCC's Revised Order No. 4, 4. CFR 60-2, which concerns EEO requirements on Federal nonconstruction contracts. Revised Order No. 4, also seems to be in violation of the basic principles of Federal procurement law enunciated in our decisions in 47 Comp. Gen. -66 (1967) and 48 Comp. Gen. 326 (1963), in that a contractor can be defaulted under tnese reguiations for its failure to submit an 0 acceptable affirma- tive a:tion plan despite the fact that these regulations do not seem to contain any definite minimum standards and criteria apprising the prospective bicv ers of the basis upon which their compliance with the EEO requirements will be judged. Consequently, we believe some action should be taken to establish definite minimum standards.

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