(a) Requirements for prime contractors and subcontractors. (1) Each
prime contractor and subcontractor shall file annually, on or before the
September 30, complete and accurate reports on Standard Form 100 (EEO-1)
promulgated jointly by the Office of Federal Contract Compliance
Programs, the Equal Employment Opportunity Commission and Plans for
Progress or such form as may hereafter be promulgated in its place if
such prime contractor or subcontractor (i) is not exempt from the
provisions of these regulations in accordance with Sec. 60-1.5; (ii) has
50 or
more employees; (iii) is a prime contractor or first tier subcontractor;
and (iv) has a contract, subcontract or purchase order amounting to
$50,000 or more or serves as a depository of Government funds in any
amount, or is a financial institution which is an issuing and paying
agent for U.S. savings bonds and savings notes: Provided, That any
subcontractor below the first tier which performs construction work at
the site of construction shall be required to file such a report if it
meets requirements of paragraphs (a)(1) (i), (ii), and (iv) of this
section.
(2) Each person required by Sec. 60-1.7(a)(1) to submit reports
shall file such a report with the contracting or administering agency
within 30 days after the award to him of a contract or subcontract,
unless such person has submitted such a report within 12 months
preceding the date of the award. Subsequent reports shall be submitted
annually in accordance with Sec. 60-1.7(a)(1), or at such other
intervals as the Deputy Assistant Secretary may require. The Deputy
Assistant Secretary may extend the time for filing any report.
(3) The Deputy Assistant Secretary or the applicant, on their own
motions, may require a contractor to keep employment or other records
and to furnish, in the form requested, within reasonable limits, such
information as the Deputy Assistant Secretary or the applicant deems
necessary for the administration of the order.
(4) Failure to file timely, complete and accurate reports as
required constitutes noncompliance with the prime contractor's or
subcontractor's obligations under the equal opportunity clause and is
ground for the imposition by the Deputy Assistant Secretary, an
applicant, prime contractor or subcontractor, of any sanctions as
authorized by the order and the regulations in this part.
(b) Requirements for bidders or prospective contractors--(1)
Certification of compliance with Part 60-2: Affirmative Action Programs.
Each agency shall require each bidder or prospective prime contractor
and proposed subcontractor, where appropriate, to state in the bid or in
writing at the outset of negotiations for the contract: (i) Whether it
has developed and has on file at each establishment affirmative action
programs pursuant to Part 60-2 of this chapter; (ii) whether it has
participated in any previous contract or subcontract subject to the
equal opportunity clause; (iii) whether it has filed with the Joint
Reporting Committee, the Deputy Assistant Secretary or the Equal
Employment Opportunity Commission all reports due under the applicable
filing requirements.
(2) Additional information. A bidder or prospective prime contractor
or proposed subcontractor shall be required to submit such information
as the Deputy Assistant Secretary requests prior to the award of the
contract or subcontract. When a determination has been made to award the
contract or subcontract to a specific contractor, such contractor shall
be required, prior to award, or after the award, or both, to furnish
such other information as the applicant or the Deputy Assistant
Secretary requests.
(c) Use of reports. Reports filed pursuant to this section shall be
used only in connection with the administration of the order, the Civil
Rights Act of 1964, or in furtherance of the purposes of the order and
said Act.
[43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997]
