1、721 Office of Asst. Secy., Equal Opportunity, HUD 146.7 (ii) One of the evaluation factors shall ad-dress both the preference for section 3 busi-ness concerns and the acceptability of the strategy for meeting the greatest extent fea-sible requirement (section 3 strategy), as dis-closed in proposals
2、submitted by all business concerns (section 3 and non-section 3 busi-ness concerns). This factor shall provide for a range of 15 to 25 percent of the total num-ber of available points to be set aside for the evaluation of these two components. (iii) The component of this evaluation fac-tor designed
3、to address the preference for section 3 business concerns must establish a preference for these business concerns in the order of priority ranking as described in 24 CFR 135.36. (iv) With respect to the second component (the acceptability of the section 3 strategy), the RFP shall require the disclos
4、ure of the contractors section 3 strategy to comply with the section 3 training and employment preference, or contracting preference, or both, if applicable. A determination of the contractors responsibility will include the submission of an acceptable section 3 strat-egy. The contract award shall b
5、e made to the responsible firm (either section 3 or non-sec-tion 3 business concern) whose proposal is determined most advantageous, considering price and all other factors specified in the RFP. PART 146NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RE-CEIVING FEDERAL FINANCIAL
6、ASSISTANCE Subpart AGeneral Sec. 146.1 Purpose of the Age Discrimination Act of 1975. 146.3 Purpose of HUDs age discrimination regulation. 146.5 Applicability of part. 146.7 Definitions. Subpart BStandards for Determining Age Discrimination 146.11 Scope of subpart. 146.13 Rules against age discrimin
7、ation. Subpart CDuties of HUD Recipients 146.21 General responsibilities. 146.23 Notice of subrecipients. 146.25 Assurance of compliance and recipi-ent assessment of age distinctions. 146.27 Information requirements. Subpart DInvestigation, Settlement, and Enforcement Procedures 146.31 Compliance re
8、views. 146.33 Complaints. 146.35 Mediation. 146.37 Investigation. 146.39 Enforcement procedures. 146.41 Prohibition against intimidation or retaliation. 146.43 Hearings, decisions, post-termination proceedings. 146.45 Exhaustion of administrative rem-edies. 146.47 Remedial and affirmative action by
9、recipients. 146.49 Alternate funds disbursal procedure. AUTHORITY: 42 U.S.C. 3535(d) and 6103. SOURCE: 51 FR 45266, Dec. 17, 1986, unless otherwise noted. Subpart AGeneral 146.1 Purpose of the Age Discrimina-tion Act of 1975. The Age Discrimination Act of 1975 (the Act) prohibits discrimination on t
10、he basis of age in programs or activi-ties receiving Federal financial assist-ance. The Act, however, permits feder-ally assisted programs and activities and recipients of Federal funds to con-tinue to use certain age distinctions and factors other than age which meet the requirements of the Act and
11、 this part. 146.3 Purpose of HUDs age discrimi-nation regulation. The purpose of this part is to state HUDs policies and procedures under the Age Discrimination Act of 1975, consistent with the government-wide age discrimination regulation con-tained at 45 CFR part 90. 146.5 Applicability of part. T
12、his part applies to each program or activity that receives Federal financial assistance provided by HUD. 146.7 Definitions. The terms HUD and Secretary are de-fined in 24 CFR part 5. Act means the Age Discrimination Act of 1975, 42 U.S.C. 610107. Action means any act, activity, pol-icy, rule, standa
13、rd, or method of ad-ministration or the use of any policy, VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00731 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-72
14、2 24 CFR Subtitle B, Ch. I (4111 Edition) 146.11 rule, standard, or method of adminis-tration. Age means how old a person is, or the number of elapsed years from the date of a persons birth. Age distinction means any action using age or an age-related term. Age-related term means a word or words whi
15、ch necessarily imply a par-ticular age or range of ages (for exam-ple, children, adult, older persons, but not student). Federal financial assistance means any grant, entitlement, loan, cooperative agreement, contract (other than a pro-curement contract or a contract of in-surance or guaranty), or a
16、ny other ar-rangement by which HUD provides or otherwise makes available assistance in the form of: (a) Funds; (b) Service of Federal personnel; or (c) Real or personal property or any interest in or use of property, includ-ing: (1) Transfers or leases of property for less than fair market value or
17、for re-duced consideration; and (2) Proceeds from a subsequent trans-fer or lease of property if the Federal share of its fair market value is not re-turned to the Federal government. Recipient means any State or its po-litical subdivisions; any instrumen-tality of a State or its political sub-divis
18、ions; any public or private agency; any Indian tribe or Alaskan Native Vil-lage, institution, organization, or other entity; or any person to which Federal financial assistance is extended, di-rectly or through another recipient. Recipient includes any successor, as-signee, or transferee, but does n
19、ot in-clude the ultimate beneficiary of the assistance. Subrecipient means any of the entities in the definition of recipient to which a recipient extends or passes on Federal financial assistance. A subrecipient is regarded as a recipient of Federal fi-nancial assistance and has all the du-ties of
20、a recipient set out in this part. United States means the several States, the District of Columbia, Puer-to Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, the Trust Territory of the Pa-cific Islands, the Northern Marianas, and the territories and possessions of the Unit
21、ed States. 51 FR 45266, Dec. 17, 1986, as amended at 61 FR 5206, Feb. 9, 1996 Subpart BStandards for Determining Age Discrimination 146.11 Scope of subpart. This subpart contains the standards that HUD will use to determine wheth-er an age distinction, or a factor other than age that may have a disp
22、ropor-tionate effect on persons of different ages, is prohibited. 146.13 Rules against age discrimina-tion. (a) The rules stated in this paragraph are limited by the exceptions con-tained in paragraphs (b) and (c) of this section. (1) General rule. No person in the United States shall, on the basis
23、of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. (2) Specific rules. A recipient may not, in any program or activity receiving Federal financial assistance, directly or throu
24、gh contracting, licensing, or other arrangements, use age distinc-tions or take any other actions that have the effect, on the basis of age, of: (i) Excluding individuals from, deny-ing them the benefits of, or subjecting them to discrimination under, a pro-gram or activity receiving Federal fi-nanc
25、ial assistance; or (ii) Denying or limiting individuals in their opportunity to participate in any program or activity receiving Fed-eral financial assistance. (3) The specific forms of age discrimi-nation listed in paragraph (a)(2) of this section do not necessarily constitute a complete list. (b)
26、Exceptions for normal operation or statutory objective of any program or ac-tivity. A recipient is permitted to take an action otherwise prohibited by para-graph (a) of this section if the action reasonably takes into account age as a factor necessary to the normal oper-ation or the achievement of a
27、ny statu-tory objective of a program or activity. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00732 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-723 Office
28、of Asst. Secy., Equal Opportunity, HUD 146.25 An action reasonably takes into ac-count age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if: (1) Age is used as a measure or ap-proximation of one or more other char-acteristics; a
29、nd (2) The other characteristics must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and (3) The other characteristics can be reasonably measured or approximated by the use of age
30、; and (4) The other characteristics are im-practical to measure directly on an in-dividual basis. (c) Exceptions for reasonable factors other than age. A recipient is permitted to take action otherwise prohibited by paragraph (a) of this section if the ac-tion is based on a factor other than age, ev
31、en though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or the achieve-ment of a statutory objective. (d)
32、 Burden of proof. The burden of proving that an age distinction or other action falls within an exception described in paragraph (b) or (c) of this section is on the recipient of Federal financial assistance. (e) For the purposes of paragraphs (b) and (c), normal operation means the op-eration of a
33、program or activity with-out significant changes that would im-pair its ability to meet its statutory objectives. Statutory objectives means any purpose of a program or activity expressly stated in any Federal, State, or local statute adopted by an elected, general purpose legislative body. (f) Notw
34、ithstanding paragraph (b) of this section, if a recipient operating a program provides special benefits to the elderly or to children, such use of age distinctions shall be presumed to be necessary to the normal operation of the program. Subpart CDuties of HUD Recipients 146.21 General responsibilit
35、ies. Each recipient has primary responsi-bility to ensure that its programs and activities that receive Federal finan-cial assistance from HUD comply with the provisions of the Act, the govern-ment-wide regulation, and this part, and shall take steps to eliminate viola-tions of the Act. A recipient
36、also has responsibility to maintain records, pro-vide information, and to afford HUD access to its records to the extent HUD finds necessary to determine whether a program or activity receiving Federal financial assistance from HUD is in compliance with the Act and this part. (Approved by the Office
37、 of Management and Budget under control number 25290030) 51 FR 45266, Dec. 17, 1986, as amended at 52 FR 7408, Mar. 11, 1987 146.23 Notice of subrecipients. Whenever a recipient passes Federal financial assistance from HUD to sub-recipients, the recipient shall provide the subrecipient with written
38、notice of its obligations under this part and the recipient will remain responsible for the subrecipients compliance with re-spect to programs and activities re-ceiving Federal financial assistance from HUD. 146.25 Assurance of compliance and recipient assessment of age distinc-tions. (a) Each recip
39、ient of Federal finan-cial assistance from HUD shall sign a written assurance as specified by HUD that it will comply with the Act and this part with respect to programs and activities receiving Federal financial assistance from HUD. (b) As part of a compliance review under 146.31 or an investigatio
40、n under 146.37, HUD may require a recipient employing the equivalent of 15 or more employees to complete, in a manner specified by the Secretary or Sec-retarys designee, a written self-evalua-tion of any age distinction imposed in its program or activity receiving Fed-eral financial assistance from
41、HUD, so that HUD may have to assess the re-cipients compliance with the Act. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00733 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without licen
42、se from IHS-,-,-724 24 CFR Subtitle B, Ch. I (4111 Edition) 146.27 Whenever an assessment indicates a violation of the Act or this part, the recipient shall take corrective action to remedy the violation. (Approved by the Office of Management and Budget under control number 25290030) 51 FR 45266, De
43、c. 17, 1986, as amended at 52 FR 7408, Mar. 11, 1987 146.27 Information requirements. In order to make it possible for HUD to determine whether recipients are in compliance with the Act and this part, each recipient shall: (a) Keep records in a form and con-taining information that HUD deter-mines i
44、s necessary; (b) Make information available to HUD upon request; (c) Permit reasonable access by HUD to the books, records, accounts and other recipient facilities and sources of information. (Approved by the Office of Management and Budget under control number 25290030) 51 FR 45266, Dec. 17, 1986,
45、as amended at 52 FR 7408, Mar. 11, 1987 Subpart DInvestigation, Settle-ment, and Enforcement Pro-cedures 146.31 Compliance reviews. (a) HUD may conduct pre-award re-views to determine whether programs or activities submitted for HUD assist-ance are consistent with the age dis-tinctions set forth at
46、146.13(b). (b) If a pre-award review indicates that the proposed programs or activi-ties are not consistent with the age distinctions set forth at 146.13(b), the application will be returned to the ap-plicant for additional information or clarification or for correction con-sistent with this part. (
47、c) HUD may conduct compliance re-views of recipients that will enable it to investigate and correct violations of this part. HUD may conduct these re-views even in the absence of a com-plaint against a recipient. The review may be as comprehensive as necessary for HUD to determine whether a viola-ti
48、on has occurred. (d) If a compliance review indicates a violation, HUD will attempt to achieve voluntary compliance. If voluntary compliance cannot be achieved, HUD may begin enforcement procedures as provided in 146.39. 146.33 Complaints. (a) Any person, individually or as a member of a class or on
49、 behalf of oth-ers, may file a complaint with HUD al-leging discrimination prohibited by the Act. A complainant shall file a com-plaint within 180 days from the date the complainant first had knowledge of the alleged act of discrimination. How-ever, for good cause, HUD may extend this time limit. The filing date for a complaint will be the date upon which the complaint is deemed sufficient to be processed. (b) HUD shall facilitate t
